The Criminalization of European Cartel Enforcement Theoretical, Legal, and Practical Challenges

by Whelan, Peter

• ISBN13: 9780199670062
• ISBN10: 0199670064
• Format: Hardcover
• Copyright: 2014-10-07
• Publisher: Oxford University Press

Author Biography

Peter Whelan, Associate Professor in Law, School of Law, University of Leeds

Dr Peter Whelan is an Associate Professor in Law at the School of Law, University of Leeds, where he is the Deputy Director of the Centre for Criminal Justice Studies. He has degrees in law from Trinity College Dublin and a PhD in Law from St John's College, University of Cambridge. A qualified US Attorney-at-Law, Peter is an expert in competition law and sits on the Editorial Boards of World Competition and the Journal of Antitrust Enforcement. Peter has published widely in specialist competition law journals, as well as in generalist law journals (including Oxford Journal of Legal Studies, Cambridge Law Journal and Modern Law Review). He has provided oral evidence on cartel criminalization to the New Zealand Parliament and was recently appointed as an International Expert by the Finnish Competition and Consumer Authority to advise it on the desirability of introducing criminal cartel sanctions in Finland. Peter is also the Managing Editor of Oxford Competition Law.

Table of Contents

1. An Introduction to European Antitrust Criminalization and Its Theoretical, Legal, and Practical Challenges
Part I: Theoretical Challenges
2. Potential Theoretical Justifications for European Antitrust Criminalization
3. European Antitrust Criminalization and the Challenge of Deterrence Theory
4. European Antitrust Criminalization and the Challenge of Retribution Theory
Part II: Legal Challenges
5. European Antitrust Criminalization and the First Challenge of Due Process: A 'Strengthening of Rights' in Favour of the Accused?
6. European Antitrust Criminalization and the Second Challenge of Due Process: Imposing Criminal Sanctions Alongside Civil Sanctions
7. European Antitrust Criminalization and the Challenge of Legal Certainty
Part III: Practical Challenges
8. European Antitrust Criminalization and the First Challenge of Design - Defining the Criminal Cartel Offence
9. European Antitrust Criminalization and the Second Challenge of Design - Understanding the Complexities of Leniency/Immunity
10. European Antitrust Criminalization and the Third Challenge of Design - Identifying the Desirable Enforcement Strategies
Conclusion
11. Concluding Remarks on the Theoretical, Legal and Practical Challenges of European Antitrust Criminalization
Annexes
Annex I: Text of Article 101 TFEU
Annex II: Text of the (Original) UK Cartel Offence and Section 47 of the Enterprise and Regulatory Reform Act 2013
Annex III: Diagrammatical Representation of the Social Harm Due to Cartel Activity
Bibliography