This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public).
Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers ist implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - ist specific practical consequences (such as increased potential for extradition) as well as ist more general implications for trends of harmonisation or convergence in competition law and enforcement.
Caron Beaton-Wells is an Associate Professor at the University of Melbourne, Director of Studies for Competition Law at the Melbourne Law School and Director of the University of Melbourne Competition Law & Economics Network.
Ariel Ezrachi is the Slaughter and May lecturer in Competition Law at the University of Oxford and the Director of the Oxford Centre for Competition Law and Policy. He is a Fellow and Tutor in Law at Pembroke College, Oxford.
PART A INTRODUCTION
1. Criminalising Cartels: Why Critical Studies?
Caron Beaton-Wells and Ariel Ezrachi
PART B THE US EXPERIENCE WITH CRIMINAL CARTEL ENFORCEMENT
2. Punishment for Cartel Participants in the United States: A Special Model?
Donald I Baker
PART C EXPERIENCES OUTSIDE THE US WITH CRIMINAL CARTEL ENFORCEMENT
3. Redesigning a Criminal Cartel Regime: The Canadian Conversion
D Martin Low and Casey Halladay
4. Competition Offences in Ireland: The Regime and Its Results
Patrick Massey and John D Cooke
5. DOA: Can the UK Cartel Offence Be Resuscitated?
6. What if All Bid Riggers Went to Prison and Nobody Noticed? Criminal Antitrust Law Enforcement in Germany
Florian Wagner-von Papp
7. Cartel Criminalisation and the Australian Competition and Consumer Commission: Opportunities and Challenges
PART D EU PERSPECTIVES ON CARTEL CRIMINALISATION
8. Criminalising Cartels in the European Union: Is There a Case for Harmonisation?
9. Criminal Cartel Enforcement in the European Union: Avoiding a Human Rights Trade-Off
PART E TESTING ORTHODOX ASSUMPTIONS UNDERPINNING CARTEL CRIMINALISATION
10. Criminal Cartel Sanctions and Compliance: The Gap between Rhetoric and Reality
11. Am I a Price Fixer? A Behavioural Economics Analysis of Cartels
Maurice E Stucke
12. Cartels in the Criminal Law Landscape
13. Cartel Offences and Non-Monetary Punishment: The Punitive Injunction as a Sanction against Corporations
PART F EXPLORING THE POLITICAL ECONOMY OF CARTEL CRIMINALISATION
14. Cartel Criminalisation as Juridification: Political and Regulatory Dangers
15. The Anti-Cartel Enforcement Industry: Criminological Perspectives on Cartel Criminalisation
16. 'The Battle for Hearts and Minds': The Role of the Media in Treating Cartels as Criminal
PART G FUTURE CHALLENGES FACING CARTEL CRIMINALISATION ON AN INTERNATIONAL SCALE
17. International Cartels, Concurrent Criminal Prosecutions and Extradition: Law, Practice and Policy
18. Cartels as Criminal? The Long Road from Unilateral Enforcement to International Consensus
Ariel Ezrachi and Jiøí Kindl