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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: 07 December 2021

European Antitrust Criminalization and the First Challenge of Design

European Antitrust Criminalization and the First Challenge of Design

Defining the Criminal Cartel Offence

(p.201) 8 European Antitrust Criminalization and the First Challenge of Design
The Criminalization of European Cartel Enforcement

Peter Whelan

Oxford University Press

This chapter analyses two important aspects to the challenge of designing a criminal cartel offence in practice. First, it considers the potential (negative) impact of Regulation 1/2003 on the design and operation of a national offence and what can be done to reduce the scope for such impact. It also considers how the issue of ‘acceptable’ cartel activity can be dealt with in the context of European antitrust criminalization. In doing so, it explains how EU competition law currently deals with the issue of ‘acceptable’ cartel activity and why that approach may not be ideal in a criminal law setting. It then critiques the role that the definitional element of ‘dishonesty’ can play in resolving this issue and examines the recent UK consultation on the reform of the UK Cartel Offence in order to propose an additional (workable) mechanism for ensuring that an offence is not too broadly drafted.

Keywords:   definition, dishonesty, efficient cartel activity, legitimate cartel activity, national competition law, publication carve out, Regulation 1/2003

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