Criminal Cartel Sanctions Under the UK Enterprise Act: An Assessment
AbstractThe focus of this paper is on the deterrence of 'hard core' cartels through appropriate sanctions. The UK has the toughest provisions in the EU, with a dual system of administrative regulation and fines directed at firms and penalties, including criminal proceedings, targeted at the individuals involved. The paper considers experiences since the introduction of personal criminal sanctions for the UK's 'cartel offence' under the Enterprise Act 2002. Although an enforcement lag was to be expected, the threat of criminal sanctions against individuals to date has seemed more apparent than real. Problems in applying the policy are identified through an assessment in terms of the necessary prerequisites for the successful criminalisation of antitrust offences proposed by Wils (2005) and ongoing developments in the UK are discussed. The findings shed some light on the difficulties of introducing effective criminal sanctions on individual cartel behaviour at Member State level and suggest more general consideration be given to non criminal director disqualifications.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
Bibliographic InfoArticle provided by Taylor and Francis Journals in its journal International Journal of the Economics of Business.
Volume (Year): 17 (2010)
Issue (Month): 1 ()
Contact details of provider:
Web page: http://taylorandfrancis.metapress.com/link.asp?target=journal&id=101205
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Michael McNulty).
If references are entirely missing, you can add them using this form.