Overview

This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.

Full Product Details

Author:   Katalin J. Cseres ,  Maarten Pieter Schinkel ,  Floris O.W. Vogelaar
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781845426088

ISBN 10:   1845426088
Pages:   368
Publication Date:   27 September 2006
Audience:   College/higher education ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Contents: 1. Law and Economics of Criminal Antitrust Enforcement: An Introduction Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar 2. Criminal Competition Law Enforcement: Taking Stock on the Debate Claus-Dieter Ehlermann PART I: ECONOMIC AND LEGAL IMPLICATIONS OF CRIMINAL COMPETITION LAW ENFORCEMENT 3. Competition Policy and Cartels: The Design of Remedies William E. Kovacic 4. Is Criminalization of EU Competition Law the Answer? Wouter P.J. Wils 5. How Strong is the Case for Criminal Sanctions in Cartel Cases? Andreas P. Reindl 6. Criminalization of Cartels and their Internal Organization Giancarlo Spagnolo 7. Economic and Legal Implications of Criminal Competition Law Enforcement: Discussion by Panel Claus-Dieter Ehlermann, William E. Kovacic, Giancarlo Spagnolo, Andres P. Reindl and Wouter P.J. Wils PART II: CRIMINALIZATION AND LENIENCY 8. Requests for Leniency in the EU: Experience and Legal Puzzles Dirk Schroeder and Silke Heinz 9. Criminalization and Leniency: Will the Combination Favourably Affect Cartel Stability? Patrick Massey 10. The Negative Interplay between National Custodial Sanctions and Leniency Michael J. Frese PART III: COUNTRY EXPERIENCES WITH CRIMINAL LAW SANCTIONS 11. Optimal Pecuniary Sanctions and the US Sentencing and EU Fining Guidelines Nonthika Wehmhoerner 12. Cartels: A United States Story, and a Research Program for the World Eleanor M. Fox 13. The UK's Experience with Criminal Law Sanctions Diana Guy 14. Experience with Criminal Law Sanctions for Competition Law Infringements in Germany Christof Vollmer 15. Cartel Penalties and Damages in Ireland: Criminalization and the Case for Custodial Sentences Terry Calvani 16. Enforcement of Antitrust Law: The Way from Criminal Individual Punishment to Semi-Penal Sanctions in Austria Peter Lewisch 17. Competition Policy in Estonia Aini Proos 18. Criminal Competition Law Sanctions in the Netherlands Pieter Kalbfleisch 19. Country Experiences with Criminal Law Sanctions: Discussion by Panel Floris O.W. Vogelaar, Patrick Massey, Aini Proos, Dirk Schroeder, Diana Guy, Eleanor M. Fox and Pieter Kalbfleisch 20. Closing Remarks Floris O.W. Vogelaar Relevant Legal Acts Index

Reviews

'... the criminalization debate is set to continue and this collection provides a valuable contribution to that debate.' -- Okeoghene Odudu, European Law Review

Author Information

Edited by Katalin J. Cseres, Assistant Professor of Law, Maarten Pieter Schinkel, Professor of Economics and Floris O.W. Vogelaar, Professor of Law, Amsterdam Center for Law & Economics (ACLE), Universiteit van Amsterdam, the Netherlands

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions