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.
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
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 Wehmhoerner 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