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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

Chapter:
(p.232) 9 European Antitrust Criminalization and the Second Challenge of Design
Source:
The Criminalization of European Cartel Enforcement
Author(s):

Peter Whelan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199670062.003.0009

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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