Jump to ContentJump to Main Navigation
The Criminalization of European Cartel EnforcementTheoretical, Legal, and Practical Challenges$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

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

(p.80) 4 European Antitrust Criminalization and the Challenge of Retribution Theory
The Criminalization of European Cartel Enforcement

Peter Whelan

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .