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The Criminalization of European Cartel Enforcement - Theoretical, Legal, and Practical Challenges (Hardcover)
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The Criminalization of European Cartel Enforcement - Theoretical, Legal, and Practical Challenges (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 17 working days
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Total price: R3,657
Discovery Miles: 36 570
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Cartel activity is prohibited under EU law by virtue of Article
101(1) of the Treaty on the Functioning of the European Union.
Firms that violate this provision face severe punishment from those
entities responsible for enforcing EU competition law: the European
Commission, the national competition authorities, and the national
courts. Stiff fines are regularly imposed on firms by these
entities; such firm-focused punishment is an established feature of
the antitrust enforcement landscape within the EU. In recent years,
however, focus has also been placed on the individuals within the
firms responsible for the cartel activity. It is increasingly
recognized that punishment for cartel activity should be
individual-focused as well as firm-focused. Accordingly, a growing
tendency to criminalize cartel activity can be observed in the EU
Member States. The existence of such criminal sanctions within the
EU presents a number of crucial challenges that need to be met if
the underlying enforcement objectives are to be achieved in
practice without violating prevailing legal norms. For a start,
given the severe consequences of a custodial sentence, the
employment of criminal antitrust punishment must be justifiable in
principle: one must have a robust normative framework rationalizing
the existence of criminal cartel sanctions. Second, for it to be
legitimate, antitrust criminalization should only occur in a manner
that respects the mandatory legalities applicable to the European
jurisdiction in question. These include the due process rights of
the accused and the principle of legal certainty. Finally, the
correct practical measures (such as a criminal leniency policy and
a correctly defined criminal cartel offence) need to be in place in
order to ensure that the employment of criminal antitrust
punishment actually achieves its aims while maintaining its
legitimacy. These three particular challenges can be conceptualized
respectively as the theoretical, legal, and practical challenges of
European antitrust criminalization. This book analyses these three
crucial challenges so that the complexity of the process of
European antitrust criminalization can be understood more
accurately. In doing so, this book acknowledges that the three
challenges should not be considered in isolation. In fact there is
a dynamic relationship between the theoretical, legal, and
practical challenges of European antitrust criminalization and an
effective antitrust criminalization policy is one which recognizes
and respects this complex interaction.
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