Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-15T01:19:48.520Z Has data issue: false hasContentIssue false

6 - Antitrust Criminalization As a Legitimate Deterrent

from Part I - General Chapters

Published online by Cambridge University Press:  29 July 2022

Tihamer Tóth
Affiliation:
Pázmány Peter Catholic University (Budapest, Hungary)
Get access

Summary

The chapter analyses the intersection of competition law enforcement and criminal justice. It sets out the primary theoretical justification for criminal cartel sanctions: (economic) deterrence. Supporters of antitrust criminalisation usually argue that the optimally deterrent cartel fine is too large to be imposed and that a global trend towards criminalisation of cartel activity can be detected at present. What was once primarily a US phenomenon has become international, with countries as diverse as Israel, Brazil and Australia pursuing a policy of cartel criminalisation. This chapter evaluates some of the inherent practical problems with criminal cartel sanctions. It provides insights into how best to ensure that cartel criminalisation improves the effectiveness of a criminalised regime’s competition policy. The chapter comprises two substantive sections. The first outlines the deterrence-based theoretical justification for criminal cartel sanctions. The second critically analyses two important inherent problems that arise when criminal sanctions are used to deter cartel activity: the difficulty of securing efficient competition law enforcement when criminal cartel sanctions are employed; and the need to connect the criminalised cartel activity to morally wrongful behaviour.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×