Regulating Cartels in Europe

Hardcover | January 16, 2011

byChristopher Harding, Julian Joshua

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One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers andtraders operating across Europe and beyond, and comprise 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 disagreement now, in terms of competition theory and policy at bothinternational and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition.Harding and Joshua provide critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approachedfavoured in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use ofleniency programmes and the deployment of a range of criminal law and other sanctions.This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalisation of cartel conduct, and the range and effectiveness of sanctions used in response to cartelactivity.

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From the Publisher

One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers andtraders operating across Europe and beyond, an...

Christopher Harding is Professor of Law in the Department of Law and Criminology at the University of Wales, Aberystwyth. He is the author of numerous books including Criminal Enterprise: Individuals, Organisations and Criminal Responsibility (Willan, 2007) and, with Laurence Koffman, Sentencing and the Penal System: Text and Materia...

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Format:HardcoverDimensions:424 pagesPublished:January 16, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199551480

ISBN - 13:9780199551484

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Table of Contents

Introduction and Overview: Talking About Cartels - The Main Elements of Analysis and Discussion1. Business Cartels: Sleeping With The Enemy2. Models of Legal Control: North America and Europe3. Cartels In Europe, 1870-1945: Das Kartellproblem4. Cartels in Europe, 1945-1970: From Registrable Agreement to Concerted Practice5. A Narrative of Cartel Enforcement in Europe, 1970 to the Present Time6. Proof of Cartel Delinquency: Fashioning the European Cartel Offence7. The Judicial Review of Cartel Control: Testing the Evidence and Due Process8. Negotiating Guilt: Leniency and Breaking the Code of Silence9. The Pathology of Cartels: Addressing Issues of Agency and Responsibility10. Sanctions: A Complex European and International Grid11. Corporate and Individual Sanctions12. The Shape of Things to Come: Cartel Law in the Twenty-first CenturyBibliography

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