Regulating Cartels in Europe: A Study of Legal Control of Corporate Delinquency by Christopher HardingRegulating Cartels in Europe: A Study of Legal Control of Corporate Delinquency by Christopher Harding

Regulating Cartels in Europe: A Study of Legal Control of Corporate Delinquency

byChristopher Harding, Julian Joshua

Hardcover | February 10, 2005

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One of the most contentious and high-profile aspects of European Community competition law and policy has been the regulation of what may be described as serious antitrust violations, typically involving large and powerful corporate producers and traders operating across Europe, if not also in awider international context. Such 'hard core' cartels characteristically engage in practices such as price fixing, bid rigging, market sharing and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little doubt now in terms of competition theory andpolicy at both international and national levels about the damaging effect of such trading practices on public and consumer interests, and such cartels have been increasingly strongly condemned in the legal process of regulating and protecting competition. Indeed, a number of legal systems are nowfollowing the American lead in criminalizing such activity. This may therefore be seen as the 'hard end' of the enforcement of competition policy, requiring more confrontational and aggressive methods of regulation, yet also presenting considerable challenges to effective enforcement on account ofthe economic power, sophistication and determination of the typical participants in such cartels.The focus of this study is a critical evaluation of the way in which European-level regulation has evolved to deal with the problem of anti-competitive cartels. It traces the historical development of cartel regulation in Europe, comparing the pragmatic and empirical approach traditional in Europewith the more dogmatic and uncompromising American policy on cartels and asks whether a fully-fledged criminal proceeding (with its attendant level of legal safeguards) is the most appropriate approach to legal regulation .
Christopher Harding has been Professor of Law at UWA since 1995; teaching, researching and publishing in the fields of European law, International law and penal theory for almost thirty years; author of several books and articles in those fields. He was Director of Postgraduate Studies UWA 1995-98. Julian Joshua is a Partner at Howrey...
Title:Regulating Cartels in Europe: A Study of Legal Control of Corporate DelinquencyFormat:HardcoverDimensions:328 pages, 9.21 × 6.14 × 0.83 inPublished:February 10, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199242445

ISBN - 13:9780199242443

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Table of Contents

Introduction: Talking About Cartels: The Main Elements of Analysis and DiscussionI. Business Cartels0: Sleeping with the EnemyIII. Cartels in Europe 1870-1945: Das KartellproblemIV. Cartels in Europe 1945-70: From Registrable Agreement to Concerted PracticeV. A Narrative of Cartel Enforcement in Europe, 1970 to the Present TimeVI. Proof of Cartel Delinquency: Fashioning the European Cartel OffVII. Judicial of Cartel Control: Testing the Evidence and Due ProcessVIII. Negotiating Guilt: Leniency and Breaking the Code of SilenceIX. Sanctions : Dealing with Business DelinquencyX. Cartel Law in the Twenty-First Century: Globalized and Criminal

Editorial Reviews

`Harding and Joshua offer a new way of looking at competition law (or cartel law) in a style that is highly readable.'The Cambridge Law Journal