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The Criminal Law of Competition in the UK and in the US

Failure and Success Mark Furse, Professor of Competition Law and Policy, University of Glasgow, UK
This invigorating work details the policy arguments behind the introduction of the law, and examines – through consideration of the successful prosecutions in the US – the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework.
Extent: 256 pp
Hardback Price: $120.00 Web: $108.00
Publication Date: 2013
ISBN: 978 0 85793 430 7
Availability: In Stock
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  • Law - Academic
  • Comparative Law
  • Competition and Antitrust Law
  • Criminal Law and Justice
In 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century. Using a range of analytical lenses, Mark Furse re-appraises this law ten years on, and provides an extensive analysis of its features.

This invigorating work details the policy arguments behind the introduction of the law, and examines – through consideration of the successful prosecutions in the US – the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework.

Including full discussions of relevant literature relating to the criminalisation of cartels, and the use of personal sanctions against cartelists, this book will appeal to postgraduates and advanced undergraduate students of competition law, competition law practitioners in the UK, EU and US, as well as competition law enforcement personnel.
‘. . . this book will, no doubt, become a valued acquisition in the libraries of competition lawyers on both sides of the Atlantic.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine

‘. . . My overall impression of this book is that it is an excellent, well-researched overview of some of the most pertinent issues with antitrust criminalisation and of the operation of the criminal antitrust regimes in Ireland, the UK and the US. It provides fascinating insights into the practical workings of these regimes and, for the UK regime in particular, presents a detailed critical analysis of its failings to date. The thesis pursued by this monograph in its consideration of four different research questions is interesting, current, sophisticated and relevant. This monograph is essential reading for all those interested in antitrust criminalisation.’
– Peter Whelan, European Competition Journal

‘Mark Furse’s specialist subject is competition law and this monologue is a refreshing tour of the subject matter.’
– The Criminal Lawyer
Contents: Preface 1. Introduction 2. Criminalisation of Cartel Activity: Economics and Law 3. Criminalisation in the United States 4. Criminalisation in the UK: The Cartel Offence 5. Criminalisation in Ireland 6. Case Studies 7. Conclusion Bibliography Index