By Katalin J. Cseres, Maarten-Pieter Schinkel, Floris O. W. Vogelaar
This well timed ebook brings jointly contributions from favourite students and practitioners to the continued debate at the criminalization of pageant legislation enforcement. spotting that latest treatments and sanctions could be inadequate to discourage breaches of festival legislations, numerous european Member States have the united states instance and brought pecuniary consequences for executives, specialist disqualification orders, or even reformatory sentences. Addressing concerns reminiscent of unsolved felony puzzles, usual of evidence, leniency courses and inner cartel balance, this ebook is a marker for destiny coverage debate. With views from a world solid of members, "Criminalization of pageant legislation Enforcement" can be of serious curiosity to teachers and coverage makers in addition to scholars and practitioners in legislation.
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Extra info for Criminalization of Competition Law Enforcement: Economic And Legal Implications For The EU Member States
Even at the stage of the proposal by DG IV, the proposed level of fine would not have been high enough to eliminate the illegal gains made by a cartel. In the first place, DG IV would not be able to calculate – with sufficient precision – the gains obtained through the illegal behaviour. Logically, in order to deter, these gains would have to be not only the starting point but also the minimum amount of the fine. Contrary to the situation in the US, private enforcement in Europe would not lead to the recuperation of these gains and to compensation of the victims.
Rep. (CCH) § 13, 113; US Department of Justice, Antitrust Division, Individual Leniency Policy (10 August 1994), reprinted in 4 Trade Reg. Rep. (CCH) § 13, 114. See Waller (2000), in which positive results of US–Canada cooperation in cartel investigations are described. S. S. antitrust agencies not only to expand cooperation with antitrust authorities in other jurisdictions, but also to increase public awareness about the detrimental effects of international cartels’. In 1914, Congress restated and expanded the scope of private rights of action in the Clayton Act.
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).
Criminalization of Competition Law Enforcement: Economic And Legal Implications For The EU Member States by Katalin J. Cseres, Maarten-Pieter Schinkel, Floris O. W. Vogelaar