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Criminalization of Competition Law Enforcement

Economic and Legal Implications for the EU Member States 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
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.
Extent: 368 pp
Hardback Price: $167.00 Web: $150.30
Publication Date: 2006
ISBN: 978 1 84542 608 8
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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.
‘. . . the criminalization debate is set to continue and this collection provides a valuable contribution to that debate.’
– Okeoghene Odudu, European Law Review
Contributors: T. Calvani, K.J. Cseres, C.-D. Ehlermann, E.M. Fox, M.J. Frese, D. Guy, S. Heinz, P. Kalbfleisch, W.E. Kovacic, P. Lewisch, P. Massey, A. Proos, A.P. Reindl, M.P. Schinkel, D. Schroeder, G. Spagnolo, F.O.W. Vogelaar, C. Vollmer, N. Wehmhörner, W.P.J. Wils
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 Wehmhörner

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