The Law Of Criminal Cartels
DOWNLOAD
Download The Law Of Criminal Cartels PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Law Of Criminal Cartels book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Law Of Cartels
DOWNLOAD
Author : Mark Jephcott
language : en
Publisher: Jordans
Release Date : 2003
Law Of Cartels written by Mark Jephcott and has been published by Jordans this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
The law relating to cartels has been radically changed by the Enterprise Act 2002, which came into force on 20th June 2003. Cartel participation has been criminalised and directors involved in cartels can now be disqualified for periods of up to 15 years. At the EC level, record levels of fines are now being imposed on cartelists. It is increasingly evident that the detection and punishment of price-fixing, market-sharing and collusive tendering are the number one priority for both the EC and UK competition authorities. Law of Cartels is the only book dedicated solely to this important area of competition law. It clearly sets out the legal principles governing cartels and the consequences of cartel-like behaviour. It also offers practical advice for both lawyers advising companies and company directors, such as guidance on dealing with cartel investigations by the competition authorities, guidance on implementing compliance programmes to reduce the risk of cartel activity taking place, and guidance on the options open to companies accused of being involved in cartels. This book is an invaluable resource for competition lawyers, regulatory and commercial lawyers, company and in-house lawyers. REVIEWS: excellent ... It has a practical focus. No serious practitioner in competition law should be without it and many general commercial practitioners will want a copy behind their desk ... well structured and easy to use ... an admirable work which brings an impressively clear and practical focus on this important area of law European Competition Law Review an excellent contribution to the law of cartels and deserves to be on the bookshelves of practitioners, academics and industrialists ICCLR
Cartel Criminality
DOWNLOAD
Author : Christopher Harding
language : en
Publisher: Routledge
Release Date : 2020-06-30
Cartel Criminality written by Christopher Harding and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Antitrust law categories.
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. Cartel Criminality discusses these business cartels, why they come into existence an
Criminalising Cartels
DOWNLOAD
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.
The Law Of Criminal Cartels
DOWNLOAD
Author : Michael O'Kane
language : en
Publisher: OUP Oxford
Release Date : 2009-09-03
The Law Of Criminal Cartels written by Michael O'Kane and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-03 with Law categories.
The Law of Criminal Cartels provides comprehensive coverage of the UK cartel offence, as well as the related powers of the main regulators in the UK, EU, US, and overseas. It brings together the criminal, regulatory, and civil law regimes.
The Criminalization Of European Cartel Enforcement
DOWNLOAD
Author : Peter Whelan
language : en
Publisher: OUP Oxford
Release Date : 2014-08-07
The Criminalization Of European Cartel Enforcement written by Peter Whelan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-07 with Law categories.
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.
The Cartel Offence
DOWNLOAD
Author : Mark Furse
language : en
Publisher:
Release Date : 2004
The Cartel Offence written by Mark Furse and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Cartels categories.
"This book deals with the cartel offence introduced into UK law by the Enterprise Act 2002. It is now, for the first time, a criminal offence to operate certain cartel arrangements in the UK, and those found guilty of the offence face the prospect of fines and/or imprisonment. This presents new challenges for competition lawyers, who may not have expertise in criminal law, and criminal lawyers who are unlikely to have expertise in the complex substantive issues raised by competition law. This book addresses these issues, providing a guide to the workings of the provisions, explanations of the definitions set out in the Act, and an analysis of the relationship of the new offence with the existing UK and EC competition law. Human rights issues and practical considerations in the application of the relevant procedural law are also dealt with. Relevant OFT guidance and statutory provisions are published in the Appendix."--Bloomsbury Publishing.
Cartel Regulation
DOWNLOAD
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
A Normative Theory Of Cartel Crime
DOWNLOAD
Author : Luke Danagher
language : en
Publisher:
Release Date : 2018
A Normative Theory Of Cartel Crime written by Luke Danagher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Cartels categories.
While cartels have been outlawed in numerous jurisdictions for decades now, the move towards the use of criminal law in this area is a relatively recent development in most instances. The imposition of criminal sanctions has generally been justified by the need to deter cartels. Against this backdrop of deterrence guided criminalization, this thesis will assess the justifiability of criminalization based on deterrence theory, with the UK cartel offence operating as a case study. After finding this orthodox approach to cartel criminalization wanting in a number of important areas, this thesis presents a normative, retribution-based case for criminalizing cartels. In furtherance of this goal, two prominent theories of criminal law are discussed: Feinberg's Harm Principle and R.A. Duff's penal theory. In applying their individual requirements to cartel law, this thesis moves beyond deterrence as a justification for criminalization. This is done by arguing that cartels are unfair methods of market behaviour based on the theory of fair play. Furthermore, in arguing that a cartel's primary harm is done to the competitive system, and not solely onto consumers, this thesis establishes cartels as a form of public harm. After justifying criminalization, several major implications of taking this normative approach are examined. It is argued that a mens rea of intention is an essential component of a properly functioning criminal cartel offence. It is further posited that an offence of wilful blindness is required. The availability of inchoate and secondary liability under the current UK cartel offence is also assessed. Ultimately, this thesis aims to show that the theoretical underpinnings of the UK cartel offence are defective and that a normative approach is to be preferred on principled grounds. A complete redrafting of the UK offence is requested so as to create a more principled and coherent cartel offence.
Cartels Markets And Crime
DOWNLOAD
Author : Bruce Wardhaugh
language : en
Publisher: Cambridge University Press
Release Date : 2014-02-06
Cartels Markets And Crime written by Bruce Wardhaugh 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 2014-02-06 with Business & Economics categories.
A study of the normative justification for criminalising cartel activity which goes beyond historical accounts of the topic.
Cartels Markets And Crime
DOWNLOAD
Author : Bruce Wardhaugh
language : en
Publisher: Cambridge University Press
Release Date : 2014-02-06
Cartels Markets And Crime written by Bruce Wardhaugh 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 2014-02-06 with Law categories.
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.
