Overview

Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is a timely exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance. Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators.

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9781841133775

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...essential reading to anyone considering serious research in the area [of criminology]. Fiona Haines, University of Melbourne The Australian and New Zealand Journal of Criminology, Vol. 38, No. 1 2005 ...a novel and thought-provoking contribution to the regulatory compliance literature. It will be interesting to see how many other compliance scholars rise to Yeung's challenge to give issues of legitimacy the attention they deserve. Aileen McHarg The Modern Law Review July 2005 Karen Yeung develops her argument through a subtle and detailed discussion which also draws on a range of literature which is successfully blended in the development of her own original perspective on complianceShe engages with theoretical literature on regulatory legitimacy and accountability, public and private interest theories of regulation, economic justifications for competition regulation, as well as criminal justice literature on just desert and general deterrence approaches. ...Securing Compliance provides an original and substantial contribution to debates about regulation, enforcement and compliance. It will be an invaluable resource for researchers and students in this field. Bettina Lange Public Law December 2004

...essential reading to anyone considering serious research in the area [of criminology]. -- Fiona Haines, University of Melbourne * The Australian and New Zealand Journal of Criminology, Vol. 38, No. 1, 2005 * ...a novel and thought-provoking contribution to the regulatory compliance literature. It will be interesting to see how many other compliance scholars rise to Yeung's challenge to give issues of legitimacy the attention they deserve. -- Aileen McHarg * The Modern Law Review, July 2005 * Karen Yeung develops her argument through a subtle and detailed discussion which also draws on a range of literature which is successfully blended in the development of her own original perspective on complianceShe engages with theoretical literature on regulatory legitimacy and accountability, public and private interest theories of regulation, economic justifications for competition regulation, as well as criminal justice literature on just desert and general deterrence approaches. ...Securing Compliance provides an original and substantial contribution to debates about regulation, enforcement and compliance. It will be an invaluable resource for researchers and students in this field. -- Bettina Lange * Public Law, December 2004 *

Author Information

Karen Yeung is a Professor of Law at King's College, London.

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