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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: 20 June 2021

European Antitrust Criminalization and the Challenge of Retribution Theory

European Antitrust Criminalization and the Challenge of Retribution Theory

Chapter:
(p.80) 4 European Antitrust Criminalization and the Challenge of Retribution Theory
Source:
The Criminalization of European Cartel Enforcement
Author(s):

Peter Whelan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670062.003.0004

This chapter aims to analyse the challenge of retribution theory for European antitrust criminalization and therefore whether retribution theory can actually be relied upon as a solid foundation for such criminalization. A two-step approach is taken in this chapter: the first step involves the establishment of a framework to determine the ‘moral content’ of a given behaviour; the second applies that framework to cartel activity and in the process examines: (i) the extent to which such activity displays sufficient (negative) moral content to be put forward as a suitable candidate for criminalization if retribution theory is employed as a rationale; and (ii) the limitations and weaknesses of a retribution-based antitrust criminalization argument and, hence, the theoretical challenge of retribution in the context of European antitrust criminalization.

Keywords:   cartel overcharges, cheating, culpability, deception, moral wrongfulness, social harmfulness, stealing, retribution

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