Download PDF by Katalin J. Cseres, Maarten-Pieter Schinkel, Floris O. W.: Criminalization of Competition Law Enforcement: Economic And

By Katalin J. Cseres, Maarten-Pieter Schinkel, Floris O. W. Vogelaar

ISBN-10: 1845426088

ISBN-13: 9781845426088

This well timed booklet brings jointly contributions from in demand students and practitioners to the continuing debate at the criminalization of festival legislation enforcement. spotting that present treatments and sanctions should be inadequate to discourage breaches of pageant legislation, numerous ecu Member States have the USA instance and brought pecuniary consequences for executives, specialist disqualification orders, or even penal complex sentences. Addressing concerns similar to unsolved felony puzzles, usual of facts, leniency courses and inner cartel balance, this ebook is a marker for destiny coverage debate. With views from a global forged of individuals, "Criminalization of pageant legislation Enforcement" might be of serious curiosity to lecturers and coverage makers in addition to scholars and practitioners in legislations.

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221 US 1 (1911). 13. Ibid. at 60–70. 14. 310 US 150 (1940). 15. Ibid. at 223–24 and n. 59. 16. , 2003 WL 22443617 (FTC 2003). 17. See Gellhorn et al. (2004), which reviews doctrines governing validity of restrictions claimed to be ancillary to legitimate joint venture agreements. 18. See Gavil et al. (2002) for a review of the state of modern US analysis under variations in formulation of rule of reason. See also United States v. 3d 1134, 1142–4 (11th Cir. 2001), affirming district court’s refusal to require government to prove that a horizontal price-fixing agreement was unreasonable.

Particularly after 1974, when Congress upgraded the offence level and raised penalties, DOJ embraced the norm that criminal prosecution should be its highest competition policy priority. Each decade’s accomplishments rested upon the contributions of previous decades. 5 CONCLUSION The enhancement of sanctions in the United States has involved a mixture of statutory improvements and policy experiments. An accurate view of the contributions of each initiative is necessary to see how the US system developed, to appreciate the interaction of factors affecting compliance (frequency of prosecution, likelihood of detection, severity of sanctions), and, more generally, to identify what a country must do to build a successful criminal enforcement program.

29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. ’. See Werden (2004). The best-known defence of such an approach appears in Posner (1969). See Baker (1993), describing possible bases for reluctance of courts to treat parallel pricing as an adequate basis for inferring agreement and explaining policy grounds for requiring additional evidence of concerted action. See Kovacic (1993), in which possibilities for broad conception of agreement in Supreme Court decisions of late 1930s through late 1940s are recounted.

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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


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