Cartels And Regulation
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Regulating Cartels In Europe
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Author : Christopher Harding
language : en
Publisher:
Release Date : 2010
Regulating Cartels In Europe written by Christopher Harding and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
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 and traders 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 both international 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. Regulating Cartels in Europe provides 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 approached favored 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 of leniency programs 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 criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.
Regulating Competition
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Author : Susanna Fellman
language : en
Publisher: Routledge
Release Date : 2015-12-22
Regulating Competition written by Susanna Fellman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with Business & Economics categories.
Cartels, trusts and agreements to reduce competition between firms have existed for centuries, but became particularly prevalent toward the end of the 19th century. In the mid-20th century governments began to use so called ‘cartel registers’ to monitor and regulate their behaviour. This book provides cases studies from more than a dozen countries to examine the emergence, application and eventual decline of this form of regulation. Beginning with a comparison of the attitudes to regulation that led to monitoring, rather than prohibiting cartels, this book examines the international studies on cartels undertaken by the League of Nations before World War II. This is followed by a series of studies on the context of the registers, including the international context of the European Union, and the importance of lobby groups in shaping regulatory outcomes, using Finland as an example. Section two provides a broad international comparison of several countries’ registers, with individual studies on Norway, Australia, Japan, Germany, Sweden and the Netherlands. After examining the impact of registration on business behaviour in the insurance industry, this book concludes with an overview of the lessons to be learnt from 20th century efforts to regulate competition. With a foreword by Harm Schroter, this book outlines the rise and fall of a system that allowed nations to tailor their approach to regulating competition to their individual circumstances whilst also responding to the pressures of globalisation that emerged after the Second World War. This book is suitable for those who are interested in and study economic history, international economics and business history.
Cartel Regulation
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Author : A Neil Campbell
language : en
Publisher: Law Business Research Ltd.
Release Date : 2017-12-13
Cartel Regulation written by A Neil Campbell and has been published by Law Business Research Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-13 with categories.
Cartel Regulation, edited by A Neil Campbell of McMillan LLP, addresses the most important issues practitioners face to mitigate the fines imposed on clients under the scrutiny of antitrust authorities. Featuring expert local insight into cartel regulation across 41 jurisdictions, the book covers crucial topics such as: relevant legislation and substantive law,industry-specific offences and defences, steps in an investigation, investigative powers, international cooperation, interplay between jurisdictions, adjudication, appeal process, criminal, civil and administrative sanctions, private damage claims and class actions, recent penalties, sentencing guidelines, leniency and immunity programmes, defending a case and getting the fine down. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts there are also editorial chapters covering Brexit, the ICN, a global overview and also a quick reference table proving a brief overview of procedural guidelines. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Cartel Regulation
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Author : Lovely Dasgupta
language : en
Publisher:
Release Date : 2014
Cartel Regulation written by Lovely Dasgupta and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Antitrust law categories.
Regulating Cartels In Europe
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Author : Christopher Harding
language : en
Publisher: Oxford University Press, USA
Release Date : 2003
Regulating Cartels In Europe written by Christopher Harding and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
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 .
Australian Cartel Regulation
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Author : Caron Beaton-Wells
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-25
Australian Cartel Regulation written by Caron Beaton-Wells and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-25 with Law categories.
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Cartels And Anti Competitive Agreements
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Author : Sandra Marco Colino
language : en
Publisher: Routledge
Release Date : 2017-03-02
Cartels And Anti Competitive Agreements written by Sandra Marco Colino and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Business & Economics categories.
Antitrust is fast becoming a ’trending topic’, with over 120 countries having already adopted some form of competition legislation. This volume brings together carefully selected articles which reflect the evolution and progression of the regulation of joint conduct under competition law on both sides of the Atlantic, and which discuss principles of fundamental importance for antitrust law. The articles focus on various kinds of joint conduct between companies which might bear negative effects on competition, in particular on horizontal cartels and collusion between competitors. Attention is also paid to the debate surrounding the most adequate approach for vertical agreements, which take place between firms operating at different levels of production. Their effects on competition have traditionally been one of the most disputed issues in modern antitrust, and tend to divide the principal schools of thought that have influenced the evolution of competition policy around the world. The articles look primarily at two of the most established antitrust jurisdictions, namely the United States and the European Union. They discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.
Research Handbook On Cartels
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Author : Peter Whelan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-03-02
Research Handbook On Cartels written by Peter Whelan and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-02 with Law categories.
Drawing together a variety of perspectives, this accessible yet comprehensive Research Handbook provides an in-depth analysis of the most significant issues pertaining to the legal regulation of cartels. An interdisciplinary team of respected experts explores the theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation.
Global Cartels Handbook
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Author : Samantha Mobley
language : en
Publisher: OUP Oxford
Release Date : 2011-12-08
Global Cartels Handbook written by Samantha Mobley and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-08 with Law categories.
In recent years cartel regulation has become a key priority for competition authorities around the globe resulting in a proliferation of immunity and leniency programmes. Competition authorities are constantly developing and revising their approaches to cartel regulation and introducing new mechanisms for businesses to report cartels, seek immunity and gain leniency. The need for businesses and their advisers to be able to identify and manage their global risk exposure is more pressing than ever before. The Global Cartels Handbook addresses this pressing need by providing a comparative analysis of immunity and leniency programmes for legal practitioners and corporate counsel. It consists of a comparative introduction which identifies some of the key features of the main jurisdictions and provides some of the strategic pointers to the most appropriate forums in which to seek leniency. A quick reference guide gives a tabular country-by-country overview of the leniency programmes in place around the world. This is followed by a detailed point-by-point description of each leniency programme, with reference to all key case law throughout, under a set of headings which are templated across each country chapter. This template format allows for ease of reference and consistency of information and provides essential practical information for filing a leniency application.
Criminalising Cartels
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Author : Caron Beaton-Wells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-02-10
Criminalising Cartels written by Caron Beaton-Wells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-10 with Law categories.
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.