Criminal Sanctions for Cartels - The Jury Is Still Out

in A Ezrachi (ed), International Research Handbook in Competition Law, Edward Elgar Publishing (2012), 27-45

U of Melbourne Legal Studies Research Paper

31 Pages Posted: 25 Jun 2019

Date Written: 2012

Abstract

Close scrutiny and tough sanctioning of cartel conduct have been a feature of competition law and enforcement across the globe for the last decade. In particular, a growing number of jurisdictions have decided to criminalise this type of conduct. Underpinning these developments is the view, shared by governments and competition authorities worldwide, that cartels represent a widespread and potent threat to competition and hence to domestic and global economic welfare. This economic rationale for a penal approach has been accompanied by strong moral rhetoric in the advocacy of competition officials; rhetoric invoking imagery of disease and war to condemn cartel conduct and to boost law reform and enforcement efforts.

Keywords: cartels, competition law

JEL Classification: K21

Suggested Citation

Beaton Wells, Caron Y., Criminal Sanctions for Cartels - The Jury Is Still Out (2012). in A Ezrachi (ed), International Research Handbook in Competition Law, Edward Elgar Publishing (2012), 27-45, U of Melbourne Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3409504

Caron Y. Beaton Wells (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://www.law.unimelb.edu.au/staff/Caron%20Beaton%2DWells

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