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Criminalising Cartels

2011-02-10 Law
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Release : 2011-02-10
Genre : Law
Kind : eBook
Book Rating : 134/5 ( reviews)

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Book Synopsis Criminalising Cartels by : Caron Beaton-Wells

Download or read book Criminalising Cartels written by Caron Beaton-Wells. This book was released on 2011-02-10. Available in PDF, EPUB and Kindle. Book excerpt: 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 its 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 - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

The Criminalization of European Cartel Enforcement

2014-08-07 Law
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Release : 2014-08-07
Genre : Law
Kind : eBook
Book Rating : 023/5 ( reviews)

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Book Synopsis The Criminalization of European Cartel Enforcement by : Peter Whelan

Download or read book The Criminalization of European Cartel Enforcement written by Peter Whelan. This book was released on 2014-08-07. Available in PDF, EPUB and Kindle. Book excerpt: Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.

Criminal Insurgencies in Mexico and the Americas

2013-10-28 History
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Release : 2013-10-28
Genre : History
Kind : eBook
Book Rating : 521/5 ( reviews)

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Book Synopsis Criminal Insurgencies in Mexico and the Americas by : Robert Bunker J

Download or read book Criminal Insurgencies in Mexico and the Americas written by Robert Bunker J. This book was released on 2013-10-28. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the south-western border of the United States has come under increasing pressure from the activities of Mexican narco-insurgents. These insurgents have developed rapidly from beginnings as nebulous gangs into networked cartels that have exposed the porosity of the border. These cartels declare no allegiance to any nation and are engaging in asymmetrical warfare against sovereign states throughout Mexico and in Central America. Within such states, de facto political control is shifting to the cartels in the ‘areas of impunity’ that have emerged. This book addresses these concerns and focuses on the criminal insurgencies being waged by the gangs and cartels. It is divided into sections on theory, Mexico, and the Americas and contains a number of introductory essays pertaining to this premier security threat to the United States and her allies in the region. Topics covered include criminal and spiritual insurgency, cartel weapons, corruption, feral cities, Los Zetas, politicized gangs, and threat analysis in Central America. This book will be a valuable resource to scholars in the fields of regional security, criminal justice and American Studies. It will be of great benefit to military and civil policymakers and practitioners in the areas of law enforcement and counternarcotics. This book was published as a special issue of Small Wars and Insurgencies.

Cartel Criminality

2016-04-08 Social Science
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Release : 2016-04-08
Genre : Social Science
Kind : eBook
Book Rating : 62X/5 ( reviews)

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Book Synopsis Cartel Criminality by : Christopher Harding

Download or read book Cartel Criminality written by Christopher Harding. This book was released on 2016-04-08. Available in PDF, EPUB and Kindle. Book excerpt: Anti-competitive business cartels, engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. The longstanding condemnation under the US Sherman Act of 1890 has been taken up (although in a rather different form) during the last thirty years in the EC/EU and in European national jurisdictions in particular, but also in a range of countries outside North America and Europe. Legal control has not only extended geographically but has intensified, as a number of jurisdictions have moved beyond administrative regulation and penalties to embrace enforcement through civil liability and (most significantly in terms of policy and rhetoric) the methods of criminal law. It is therefore timely to consider critically this development of legal control and assess its achievement to date and its future prospects. But such an exercise requires an understanding of the reasons and need for such regulation, based on a clear appreciation of the nature and extent of the economic and social malaise which is its subject. What, more exactly, are such business cartels, why do they come into existence and persist, why are they regarded as being so bad, and what are the objectives within this increasingly complex and multi-level phenomenon of legal control? By seeking to answer such fundamental questions, this book sets a research agenda for a pathology, aetiology and criminology of business cartels, and probes more accurately their nature, operation, endurance and perceived delinquency.

Cartels, Markets and Crime

2014-02-06 Law
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Release : 2014-02-06
Genre : Law
Kind : eBook
Book Rating : 549/5 ( reviews)

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Book Synopsis Cartels, Markets and Crime by : Bruce Wardhaugh

Download or read book Cartels, Markets and Crime written by Bruce Wardhaugh. This book was released on 2014-02-06. Available in PDF, EPUB and Kindle. Book excerpt: This study of the normative justification for the use of criminal sanctions as a means of cartel control goes beyond the historical and economic viewpoints by adding a normative evaluation of anti-cartel regimes and analysing cartel control in the USA, Europe and the UK. The analysis is unique in seeking to establish why, in a liberal society, criminal sanctions should apply to individuals who participate in this sort of activity. Although cartels have been rhetorically likened to theft and fraud, there are significant differences. Notwithstanding these differences, Cartels, Markets and Crime presents an argument for the criminalisation of economic collusion and, with this argument in mind, analyses the regimes of the USA, EU and UK and considers the possibility of global convergence.

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