By Katalin J. Cseres, Maarten-Pieter Schinkel, Floris O. W. Vogelaar
This well timed publication brings jointly contributions from well-known students and practitioners to the continuing debate at the criminalization of pageant legislation enforcement. spotting that latest treatments and sanctions could be inadequate to discourage breaches of pageant legislation, numerous european Member States have the united states instance and brought pecuniary consequences for executives, expert disqualification orders, or even penitentiary sentences. Addressing matters akin to unsolved criminal puzzles, normal of evidence, leniency courses and inner cartel balance, this booklet is a marker for destiny coverage debate. With views from a global forged of members, "Criminalization of festival legislation Enforcement" might be of serious curiosity to lecturers and coverage makers in addition to scholars and practitioners in legislations.
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Extra info for Criminalization of Competition Law Enforcement: Economic And Legal Implications For The EU Member States
A jurisdiction could also expand the types of circumstantial evidence that might suffice to prove an unlawful cartel agreement – perhaps by increasing the weight that a fact-finder should give to parallel, industrywide adjustments in conduct where it would be improbable for a firm acting unilaterally to alter its behaviour in such a manner. Third, a jurisdiction could take measures to increase the likelihood that misconduct will be detected. It could expand the public prosecutor’s ability to investigate possible misconduct.
I assume that individuals would also ‘race’ for leniency if they faced the risk of ‘disqualification orders’. On the contrary, individuals might not do so if they only faced the risk of individual fines as the employer can always reimburse a fine. 12 While I will leave the discussion of this idea to Mr Spagnolo, it represents further evidence of the recognition of the very positive role that can be played by leniency in the prosecution of cartelists. 3 CONCLUSION I would like to conclude with two additional personal experiences.
5. See Gavil et al. (2002), in which rationales for decentralizing the decision to prosecute competition laws are described. 6. For a recent comprehensive examination of the literature that studies the actual levels of cartel overcharges, see Connor (2005). 7. The possible contributions of criminal enforcement, particularly the imposition of liability upon individuals, are examined in Wils’ contribution to this volume. 8. Stigler (1964). 9. See Coase (1937); Williamson (1989). 10. The discussion in this section uses the historical framework presented in Kovacic and Shapiro (2000).