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: 30 November 2021

European Antitrust Criminalization and the Challenge of Legal Certainty

European Antitrust Criminalization and the Challenge of Legal Certainty

Chapter:
(p.175) 7 European Antitrust Criminalization and the Challenge of Legal Certainty
Source:
The Criminalization of European Cartel Enforcement
Author(s):

Peter Whelan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670062.003.0007

This chapter analyses the challenge of legal certainty for European antitrust criminalization from three perspectives: the concept, substance, and existence of a criminal antitrust offence. The relationship with the concept is analysed first. The main argument examined is that, due to the inherently vague nature of the antitrust rules, it would be inappropriate to enforce such rules with criminal sanctions. In analysing how legal certainty can influence the substance of an offence, a case study of the (originally drafted) UK Cartel Offence is presented, explaining how mistakes in the drafting process can engender issues with legal certainty. Finally, in examining the impact of legal certainty upon the existence of an offence, this chapter analyses the issue of ‘sleeping giants’: i.e., the use of existing (relatively broad, non-antitrust-specific) criminal laws to impose sanctions upon cartel activity. The controversial UK case of Norris is particularly instructive and is therefore analysed in detail.

Keywords:   comprehensibility, dishonesty, legal certainty, norris case, UK Cartel Offence

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 .