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The Criminal Law Of Competition In The Uk And In The Us
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Book Synopsis The Criminal Law of Competition in the UK and in the US by : Mark Furse
Download or read book The Criminal Law of Competition in the UK and in the US written by Mark Furse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century. Using a range of analytical lenses, Mark Furse re-appraises this law ten years on, and provides an extensive analysis of its features. This invigorating work details the policy arguments behind the introduction of the law, and examines Ð through consideration of the successful prosecutions in the US Ð the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework. Including full discussions of relevant literature relating to the criminalisation of cartels, and the use of personal sanctions against cartelists, this book will appeal to postgraduates and advanced undergraduate students of competition law, competition law practitioners in the UK, EU and US, as well as competition law enforcement personnel.
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 506 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
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.
Book Synopsis Mens Rea in EU Antitrust Law by : Jan Blockx
Download or read book Mens Rea in EU Antitrust Law written by Jan Blockx and published by Kluwer Law International B.V.. This book was released on 2020-07-09 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.
Download or read book Competition Law written by Robert Merkin and published by . This book was released on 1984 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 750 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.
Book Synopsis Monopoly, Competition, and the Law by : Tim Frazer
Download or read book Monopoly, Competition, and the Law written by Tim Frazer and published by . This book was released on 1992 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of Monopoly, Competition and the Law is a rigorous and detailed exposition of the objectives, nature and application of competition law in the United Kingdom, the EEC and the USA. Fully updated, it includes a full account of the many legal developments since 1989, including analyses of the new merger policy of the EEC and proposals for the radical reform of UK policy of restrictive trade practices. This work is the most recent of its kind, providing updated coverage of this dynamic area of law and policy which has become an everyday consideration in market strategy. Tim Frazer, a specialist in competition law and policy and a solicitor, surveys the vast and complex field of monopoly and competition policy in a style easily accessible to lawyers and non-lawyers alike. Every aspect of the law, in all three jurisdictions, is covered - the development of governmental and judicial policy on monopoly and competition; the objectives of competition policy and the legal control of business practices; monopoly and competition laws in the UK, the EEC and the USA, with an examination of the legal and economic problems involved. Lawyers, economists, political and social scientists will find this an informative reference source on a wide range of topics, including concepts of public policy, the nature and treatment of unfair and discriminatory practices, and the role of the government in the market place. An indispensable text for all students and practitioners of competition law and policy, this comprehensive survey is also highly relevant to industrial economics, commercial and business law, contract law and consumer protection.
Book Synopsis Globalisation, Criminal Law and Criminal Justice by : Valsamis Mitsilegas
Download or read book Globalisation, Criminal Law and Criminal Justice written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2015-01-22 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book consists of the keynote papers delivered at the 2012 WG Hart Workshop on Globalisation, Criminal Law and Criminal Justice organised by the Queen Mary Criminal Justice Centre. The volume addresses, from a cross-disciplinary perspective, the multifarious relationship between globalisation on the one hand, and criminal law and justice on the other hand. At a time when economic, political and cultural systems across different jurisdictions are increasingly becoming or are perceived to be parts of a coherent global whole, it appears that the study of crime and criminal justice policies and practices can no longer be restricted within the boundaries of individual nation-states or even particular transnational regions. But in which specific fields, to what extent, and in what ways does globalisation influence crime and criminal justice in disparate jurisdictions? Which are the factors that facilitate or prevent such influence at a domestic and/or regional level? And how does or should scholarly inquiry explore these themes? These are all key questions which are addressed by the contributors to the volume. In addition to contributions focusing on theoretical and comparative dimensions of globalisation in criminal law and justice, the volume includes sections focusing on the role of evidence in the development of criminal justice policy, the development of European criminal law and its relationship with national and transnational legal orders, and the influence of globalisation on the interplay between criminal and administrative law.
Book Synopsis EU Criminal Law and Policy by : Joanna Beata Banach-Gutierrez
Download or read book EU Criminal Law and Policy written by Joanna Beata Banach-Gutierrez and published by Routledge. This book was released on 2016-07-28 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU now possesses a clear legal basis for taking action on criminal law matters and steering the policy and practice of Member States in relation to crime and criminal law. However, for what is now an important area of law, there remains a striking absence or uncertainty regarding its theoretical basis, its legitimacy and its conceptual vocabulary. This book offers a review of the significance of EU criminal law and crime policy as a rapidly emerging phenomenon in European law and governance. Bringing together an international set of contributors, the book questions the nature, role and objectives of such 'criminal law', its relationship with other areas of EU policy and law, and the established rules of criminal law and criminal justice at the Member State level. Taking up such subjects as the application of criminal law across national boundaries and in the broader European context, effective enforcement, and the working out of a new European policy, the book helps to structure an increasingly significant subject in law which is still finding its direction. The book will be of great use and interest to researchers and students of EU law, criminal justice, and criminology.
Book Synopsis Conceptualising Transnational Corporate Groups for International Criminal Law by : Marie Kuntz
Download or read book Conceptualising Transnational Corporate Groups for International Criminal Law written by Marie Kuntz and published by Nomos Verlagsgesellschaft. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume offers a concept of transnational corporate groups for international criminal law. It thus fills a gap in the discussion about criminalising corporate behaviour. Drawing from international law, EU competition law, UK and US law and economic theory, it defines a transnational corporate group as an economic entity and thus potential addressee of international criminal law if the parent has the power to control its subsidiaries and it also exercises this power. The book adds a company law perspective. It provides a uniform, independent and economically sound concept of business entities, aiming at adding clarity as to what a transnational corporate group is and according to which criteria it may be defined. The criteria are derived from a comparative in-depth analysis of transnational, overarching structural elements found in main legal orders. They are synthesised in a detailed set of criteria emphasising and describing substantial and effective control mechanisms.
Book Synopsis Criminal and Quasi-criminal Enforcement Mechanisms in Europe by : Vanessa Franssen
Download or read book Criminal and Quasi-criminal Enforcement Mechanisms in Europe written by Vanessa Franssen and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the interplay between criminal and other branches of public law pursuing similar objectives (referred to as 'quasi-criminal law'). The need for clarifying the concepts and the interlink between criminal and quasi-criminal enforcement is a topic attracting a lot of discussion and debate both in academia and practice across Europe (and beyond). This volume adds to this debate by bringing to light the substantive and procedural problems stemming from the current parallel or dual use of the different enforcement systems. The collection draws on expertise from academia, practice and policy; its high-quality analysis will appeal to scholars, practitioners and policymakers alike.
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 . This book was released on 2022-06-23 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparison of the theory and practice of corporate and individual sanctions applied in competition law across five continents.
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 OUP Oxford. This book was released on 2014-08-07 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Competition Law of the European Union by : Van Bael & Bellis
Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
Book Synopsis Antitrust Enforcement Guidelines for International Operations by : United States. Department of Justice
Download or read book Antitrust Enforcement Guidelines for International Operations written by United States. Department of Justice and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cambridge Yearbook of European Legal Studies, Vol 16 2013-2014 by : Albertina Albors-Llorens
Download or read book Cambridge Yearbook of European Legal Studies, Vol 16 2013-2014 written by Albertina Albors-Llorens and published by Bloomsbury Publishing. This book was released on 2015-01-22 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.
Book Synopsis Parental Liability in EU Competition Law by : Peter Whelan
Download or read book Parental Liability in EU Competition Law written by Peter Whelan and published by Oxford University Press. This book was released on 2023-08-25 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: In enforcing EU competition law, the Commission employs a unique doctrine of parental antitrust liability: it imposes fines on the parent company of an infringing subsidiary in cases where the parent exercises decisive influence over the subsidiary's commercial policy. Critics of this contentious aspect of EU competition law believe that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon a dubious, if not extremely flimsy, justificatory foundation. Such criticism raises serious and unanswered questions about the legitimacy of the Commission's efforts to enforce competition law. Parental Liability in EU Competition Law: A Legitimacy-Focused Approach is the first monograph to be dedicated to this controversial topic. Written by Professor Peter Whelan, the book contends that, although the general concept of parental liability can be justified in principle, the current EU-level doctrine of parental antitrust liability in fact suffers from a distinct and problematic lack of legitimacy. More specifically, the said doctrine displays significant deficiencies with respect to effectiveness, fairness, and legality. Given this undesirable state of affairs, Parental Liability in EU Competition Law offers a fully-rationalised, reformulated approach to parental antitrust liability for EU competition law violations that is built around the notion of parental fault. That approach provides a solid normative account of how to impose parental antitrust liability in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
