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Regulating Cartels in Europe$
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Christopher Harding and Julian Joshua

Print publication date: 2010

Print ISBN-13: 9780199551484

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199551484.001.0001

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Corporate and Individual Sanctions

Corporate and Individual Sanctions

(p.306) XI Corporate and Individual Sanctions
Regulating Cartels in Europe

Christopher Harding (Contributor Webpage)

Julian Joshua

Oxford University Press

This chapter provides a detailed account and critical evaluation of the range of sanctions now used in the European context to deal with cartel violations, as applied to both corporate and individual offenders. The core of the discussion is the use of financial penalties — still the primary sanction imposed upon corporate actors — and the increasing resort to criminal penalties and in particular prison terms, which may be applied to individual offenders at a national level. These penal developments and their origins are fully debated, and the evidence to date regarding the comparative effectiveness of these measures is considered. Necessarily there is also discussion of the pragmatic moderation of sanctions, through strategies such as leniency programmes, penalty discounts, and shorter settlement procedures, all of which have become an important aspect of this penal landscape. Other sanctions, notably termination orders, private claims for compensation, disqualification, and confiscation are also discussed, and generally the need to establish a coherent and sensible ordering of sanctions is addressed.

Keywords:   sanctions, penalties, compensation, imprisonment, criminal penalties, confiscation, leniency, penalty discounts, civil claims, disqualification

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