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The Criminalization of European Cartel EnforcementTheoretical, Legal, and Practical Challenges$
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Peter Whelan

Print publication date: 2014

Print ISBN-13: 9780199670062

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199670062.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 July 2021

European Antitrust Criminalization and the Challenge of Deterrence Theory

European Antitrust Criminalization and the Challenge of Deterrence Theory

Chapter:
(p.44) 3 European Antitrust Criminalization and the Challenge of Deterrence Theory
Source:
The Criminalization of European Cartel Enforcement
Author(s):

Peter Whelan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670062.003.0003

This chapter examines the extent to which the employment of criminal sanctions for cartel activity can be justified on the basis of deterrence. It outlines the deficiencies of the current approach to deterrence in EU antitrust enforcement and then uses the current literature to present a robust deterrence-based argument in favour of antitrust criminalization, an argument that attempts to address the identified deficiencies of the current approach to deterrence. In addition, it analyses the limitations of this deterrence-based argument and, hence, the theoretical challenge of deterrence in the context of antitrust criminalization.

Keywords:   deterrence theory, efficient enforcement, director disqualifications, fines, individual punishment, negative publicity, overcriminalization, private enforcement, rationality, Regulation 1/2003

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