Criminalization Of Competition Law Enforcement

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Criminalization of Competition Law Enforcement

Author : K. J. Cseres
Publisher : Edward Elgar Publishing
ISBN 13 : 184720290X
Total Pages : 369 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Criminalization of Competition Law Enforcement by : K. J. Cseres

Download or read book Criminalization of Competition Law Enforcement written by K. J. Cseres and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.

The Cambridge Handbook of Competition Law Sanctions

Author : Tihamer Tóth
Publisher : Cambridge University Press
ISBN 13 : 1108923771
Total Pages : 769 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Handbook of Competition Law Sanctions by : Tihamer Tóth

Download or read book The Cambridge Handbook of Competition Law Sanctions written by Tihamer Tóth and published by Cambridge University Press. This book was released on 2022-06-23 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions – including individual sanctions – should be introduced.

Criminalising Cartels

Author : Caron Beaton-Wells
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318134
Total Pages : 776 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Criminalising Cartels by : Caron Beaton-Wells

Download or read book Criminalising Cartels written by Caron Beaton-Wells and published by Bloomsbury Publishing. This book was released on 2011-02-10 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Criminal Law Principles and the Enforcement of EU and National Competition Law

Author : Marc Veenbrink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514418
Total Pages : 535 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Criminal Law Principles and the Enforcement of EU and National Competition Law by : Marc Veenbrink

Download or read book Criminal Law Principles and the Enforcement of EU and National Competition Law written by Marc Veenbrink and published by Kluwer Law International B.V.. This book was released on 2019-11-20 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Article 23(5) of EU Regulation 1/2003 provides that competition law fines ‘shall not be of a criminal law nature’, this has not prevented certain criminal law principles from finding their way into European Union (EU) competition law procedures. Even more significantly, the deterrent effect of competition law fines has led courts in the Netherlands and the United Kingdom (UK), as well as the European Court of Human Rights, to conclude that competition law proceedings can lead to a criminal charge. This book offers the first book-length study of whether courts do indeed apply criminal law principles in competition law proceedings and, if so, how these principles are adapted to the needs and characteristics of competition law. Focusing on competition law developments (both legislative and judicial) over a period of twenty years in three jurisdictions – the Netherlands, the UK and the EU – the author compares how each of the following (criminal law) principles has emerged and been interpreted in each jurisdiction’s proceedings: freedom from self-incrimination; non bis in idem; burden and standard of proof; legality and legal certainty; and proportionality of sanctions. The author offers proposals involving both legislative and judicial actions, with examples of judges invoking criminal law principles to develop an appropriate level of safeguards in competition law proceedings. The book shows that criminal law can provide a rich source of inspiration for the judiciary on the appropriate level of legal safeguards in competition law proceedings. As such, it provides an important source of information and guidance for lawyers and judges dealing with competition law matters. "The work is well argued and well researched. Indeed, it is almost encyclopaedic in its use and citation of case law and secondary material....This book provides a valuable resource for anyone (whether as advocate, investigator, adjudicator or academic researcher) who wishes to understand how these criminal law principles are used in, and to protect those subject to, administrative law-based competition investigations.” Bruce Wardhaugh (Lecturer at the University of Manchester) Common Market Law Review, 2021, vol 58, issue 1, page 236

Bad Business Practice

Author : Harding, Christopher
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439735
Total Pages : 296 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Bad Business Practice by : Harding, Christopher

Download or read book Bad Business Practice written by Harding, Christopher and published by Edward Elgar Publishing. This book was released on 2022-02-18 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge book critically reviews the field of attempted legal control and regulation of delinquent conduct by business actors in the form of exploitative, collusive and corrupt behaviour. It explores key topics including victimhood, accountability, theories of trading, and shared responsibility.

Criminal Enforcement of Intellectual Property

Author : Christophe Geiger
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005141
Total Pages : 433 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Criminal Enforcement of Intellectual Property by : Christophe Geiger

Download or read book Criminal Enforcement of Intellectual Property written by Christophe Geiger and published by Edward Elgar Publishing. This book was released on 2012-10-31 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 19. Counterfeiting and the music industry: towards a criminalization of end users? The French 'HADOPI' exampleIndex.

The Consistent Application of EU Competition Law

Author : Adriana Almășan
Publisher : Springer
ISBN 13 : 3319473824
Total Pages : 295 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Consistent Application of EU Competition Law by : Adriana Almășan

Download or read book The Consistent Application of EU Competition Law written by Adriana Almășan and published by Springer. This book was released on 2017-01-04 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.

State of Implementation of the United Nations Convention Against Corruption

Author : United Nations
Publisher : UN
ISBN 13 : 9789211303483
Total Pages : 290 pages
Book Rating : 4.3/5 (34 download)

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Book Synopsis State of Implementation of the United Nations Convention Against Corruption by : United Nations

Download or read book State of Implementation of the United Nations Convention Against Corruption written by United Nations and published by UN. This book was released on 2018-03-08 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of State of Implementation of the United Nations Convention against Corruption: Criminalization, Law Enforcement and International Cooperation, which was launched during the 7th session of the Conference of the States Parties (Vienna, 6-10 November 2017).The study is based on the findings and results emanating from the first cycle reviews of the implementation of the Convention by 156 States parties (2010-2015). It contains a comprehensive analysis of the implementation of chapters III (Criminalization and law enforcement) and IV (International cooperation) of the Convention. More specifically, the study: (a) identifies and describes trends and patterns in the implementation of the above-mentioned chapters, focusing on systematic or, where possible, regional commonalities and variations; (b) highlights successes and good practices on the one hand, and challenges in implementation on the other; (c) provides an overview of the emerging understanding of the Convention and differences in the reviews, where they have been encountered.

Regulating Cartels in Europe

Author : Christopher Harding
Publisher :
ISBN 13 : 0199551480
Total Pages : 439 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Regulating Cartels in Europe by : Christopher Harding

Download or read book Regulating Cartels in Europe written by Christopher Harding and published by . This book was released on 2010 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Challenge of Crime in a Free Society

Author : United States. President's Commission on Law Enforcement and Administration of Justice
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Challenge of Crime in a Free Society by : United States. President's Commission on Law Enforcement and Administration of Justice

Download or read book The Challenge of Crime in a Free Society written by United States. President's Commission on Law Enforcement and Administration of Justice and published by . This book was released on 1967 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.

Efficiency and Justice in European Antitrust Enforcement

Author : Wouter Wils
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314139
Total Pages : 230 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Efficiency and Justice in European Antitrust Enforcement by : Wouter Wils

Download or read book Efficiency and Justice in European Antitrust Enforcement written by Wouter Wils and published by Bloomsbury Publishing. This book was released on 2008-02-14 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last few years, the public enforcement of Articles 81 and 82 EC has been thoroughly transformed: the competition authorities of the EU Member States have become active enforcers within the European Competition Network, the European Commission has imposed more and higher fines than ever before, leniency has become a major instrument of cartel detection, and some Member States have introduced criminal penalties. The overall trend towards more and stronger enforcement of Articles 81 and 82 EC has also rekindled discussion on the old question of how to strike the right balance between efficient enforcement and adequate protection of the rights of the defence. This book brings together six essays which analyse from both a legal and an economic perspective the powers of investigation of the European Commission and the competition authorities of the Member States, and the corresponding procedural rights and guarantees, the use of settlements, the theory and practice of fines and of leniency, and the criminalization of European antitrust enforcement.

Competition Enforcement and Procedure

Author : Renato Nazzini
Publisher : Oxford University Press, USA
ISBN 13 : 9780199578832
Total Pages : 0 pages
Book Rating : 4.5/5 (788 download)

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Book Synopsis Competition Enforcement and Procedure by : Renato Nazzini

Download or read book Competition Enforcement and Procedure written by Renato Nazzini and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing a full and up-to-date account of the implications of concurrent enforcement of UK and EC competition law in administrative, criminal and civil proceedings, this book analyses the procedural consequences of modernisation of EC competition law and the tactics available to parties before national courts and tribunals.

Violent Crime Control and Law Enforcement Act of 1994

Author : United States
Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis Violent Crime Control and Law Enforcement Act of 1994 by : United States

Download or read book Violent Crime Control and Law Enforcement Act of 1994 written by United States and published by . This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Competition Law in China

Author : Jingyuan Ma
Publisher : Springer Nature
ISBN 13 : 9811551057
Total Pages : 286 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Competition Law in China by : Jingyuan Ma

Download or read book Competition Law in China written by Jingyuan Ma and published by Springer Nature. This book was released on 2020-05-13 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to the developmental history and structural framework of Chinese competition law from a law and economics perspective. It examines the philosophical foundations, the substantive law, and enforcement issues concerning competition law and policy in China by pursuing an economic and comparative approach. Further, the book presents and analyzes competition cases involving monopolistic agreements, abuse of dominant position, and concentration. The book will help professionals and business practitioners to understand the distinct features of competition law and policy in China, and how the substance and enforcement of the law can be compared with competition regulations in the US and EU from an economic perspective. Given its scope, it offers a valuable guide for academic, public sector and professional audiences alike, and will appeal to researchers, students and anyone with an interest in economic law and policy in China. The book can also be used as reading material to accompany courses such as China’s Competition Law and Policy, Comparative Competition Law, and Market Regulation in China for foreign students studying Chinese law and policy at the undergraduate, graduate and doctoral levels.

An Introduction to Transnational Criminal Law

Author : Neil Boister
Publisher : OUP Oxford
ISBN 13 : 0191632023
Total Pages : 544 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis An Introduction to Transnational Criminal Law by : Neil Boister

Download or read book An Introduction to Transnational Criminal Law written by Neil Boister and published by OUP Oxford. This book was released on 2012-09-06 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The suppression of cross-border criminal activity has become a major global concern. An Introduction to Transnational Criminal Law examines how states, acting together, are responding to these forms of criminality through a combination of international treaty obligations and national criminal laws. Multilateral 'suppression conventions' oblige states parties to criminalise a broad range of activities including drug trafficking, terrorism, transnational organised crime, corruption, and money laundering, and to provide for different types of international procedural cooperation like extradition and mutual legal assistance in regard to these offences. Usually regarded as a sub-set of international criminal justice, this system of law is beginning to receive greater attention as a subject in its own right as the scale of the criminal threat and the complexity of synergyzing the criminal laws of different states is more fully understood. The book is divided into three parts. Part A asks and attempts to answer what is transnational crime and what is transnational criminal law? Part B explores a selection of substantive transnational crimes from piracy through to cybercrime. Part C examines the main procedural mechanisms involved in establishing jurisdiction and then the exercise of jurisdiction through the effective investigation and prosecution of transnational crimes. Finally, Part D looks at the implementation of transnational criminal law and the prospects for transnational criminal justice. Until recently this system of law has been largely the domain of professionals. An Introduction to Transnational Criminal Law provides a comprehensive introduction designed to fill that gap.

The Criminalization of European Cartel Enforcement

Author : Peter Whelan
Publisher : Oxford University Press, USA
ISBN 13 : 0199670064
Total Pages : 403 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Criminalization of European Cartel Enforcement by : Peter Whelan

Download or read book The Criminalization of European Cartel Enforcement written by Peter Whelan and published by Oxford University Press, USA. This book was released on 2014 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges facing the criminalization of cartel activity in the EU are threefold: theoretical, legal, and practical. This book analyses these crucial challenges so that the complexity of the process of European antitrust criminalization can be accurately understood.

Hard Core Cartels

Author : Organisation for Economic Co-operation and Development
Publisher : Organisation for Economic Co-operation and Development
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Hard Core Cartels by : Organisation for Economic Co-operation and Development

Download or read book Hard Core Cartels written by Organisation for Economic Co-operation and Development and published by Organisation for Economic Co-operation and Development. This book was released on 2003-05-23 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anti-cartel measures seek to prevent violations of competition law such as agreements among competitors to fix prices, restrict product supply or submit collusive tenders. This report examines the harm caused by cartels and the progress made to strengthen methods of investigation and sanctions systems to tackle this problem. It also outlines and identifies the challenges that lie ahead.