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The Criminalization of European Cartel Enforcement
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The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges

Peter Whelan

Abstract

Cartel activity is prohibited under EU law by Article 101(1) TFEU. Firms violating this provision face severe punishment from the European Commission, the NCAs, and the national courts, which regularly impose stiff fines. Recently, however, it has been recognized that punishment should focus on the individuals within the firms responsible, as well as the firms themselves, leading to a growing tendency to criminalize cartel activity in the EU Member States. Some crucial challenges need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing ... More

Keywords: anticompetitive agreements, cartels, cartel enforcement, competition law enforcement, criminal cartel offences, criminalization, deterrence, human rights, leniency, retribution

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780199670062
Published to Oxford Scholarship Online: November 2014 DOI:10.1093/acprof:oso/9780199670062.001.0001

Authors

Affiliations are at time of print publication.

Peter Whelan, author
Associate Professor in Law, School of Law, University of Leeds

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