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:
Journal Article
Journal or Publication Title:
European Competition Journal
Uncontrolled Keywords:
/dk/atira/pure/researchoutput/libraryofcongress/kd
Subjects:
ID Code:
53871
Deposited By:
Deposited On:
02 May 2012 08:28
Refereed?:
Yes
Published?:
Published
Last Modified:
04 Jul 2020 01:25