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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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European Antitrust Criminalization and the Second Challenge of Design

European Antitrust Criminalization and the Second Challenge of Design

Understanding the Complexities of Leniency/Immunity

(p.232) 9 European Antitrust Criminalization and the Second Challenge of Design
The Criminalization of European Cartel Enforcement

Peter Whelan

Oxford University Press

This chapter aims to contribute to the literature on European cartel criminalization by providing a systematic analysis of the challenge of design posed for such criminalization by the investigative mechanism of leniency/immunity. In doing so, it analyses how one can ensure the peaceful co-existence of administrative leniency/immunity and criminal cartel sanctions. In addition to this, it analyses the unique challenge of using an immunity policy when criminal cartel sanctions are part of the enforcement landscape.

Keywords:   criminal disclosure, immunized witness, immunity policy, leniency policy, cartel secrecy

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