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
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: Suggested Citation