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The cartel offence:defining an appropriate "moral space"

MacCulloch, Angus (2012) The cartel offence:defining an appropriate "moral space". European Competition Journal, 8 (1). pp. 73-93. ISSN 1744-1056

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    Abstract

    There is increasing support in Europe for individual criminal penalties for cartel activity. The UK’s initial experience of criminalisation has not been successful and reform has been suggested. It is argued that when designing a criminal cartel offence deterrence cannot be the only concern and the true wrongdoing in cartel behaviour must be at it centre. Cartel harm does not provide good basis for criminalisation and it is argued that its proper basis should be the individual cartelist’s intention to subvert the competitive process. A reformed UK cartel offence, without the current dishonesty test, should reflect the central concern of subverting the competitive process clearly.

    Item Type: Article
    Journal or Publication Title: European Competition Journal
    Uncontrolled Keywords: Cartels ; Crime ; Competition ; Harm ; Intent
    Subjects: K Law > KD England and Wales
    Departments: Faculty of Arts & Social Sciences > Law School
    ID Code: 53871
    Deposited By: ep_importer_pure
    Deposited On: 02 May 2012 09:28
    Refereed?: Yes
    Published?: Published
    Last Modified: 25 Sep 2013 14:51
    Identification Number:
    URI: http://eprints.lancs.ac.uk/id/eprint/53871

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