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Anti-competitive business cartels, engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. The longstanding condemnation under the US Sherman Act of 1890 has been taken up (although in a rather different form) during the last thirty years in the EC/EU and in European national jurisdictions in particular, but also in a range of countries outside North America and Europe. Legal control has not only extended geographically but has intensified, as a number of jurisdictions have moved beyond administrative regulation and penalties to embrace enforcement through civil liability and (most significantly in terms of policy and rhetoric) the methods of criminal law. It is therefore timely to consider critically this development of legal control and assess its achievement to date and its future prospects. But such an exercise requires an understanding of the reasons and need for such regulation, based on a clear appreciation of the nature and extent of the economic and social malaise which is its subject. What, more exactly, are such business cartels, why do they come into existence and persist, why are they regarded as being so bad, and what are the objectives within this increasingly complex and multi-level phenomenon of legal control? By seeking to answer such fundamental questions, this book sets a research agenda for a pathology, aetiology and criminology of business cartels, and probes more accurately their nature, operation, endurance and perceived delinquency.
Anti-competitive business cartels engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. Cartel Criminality discusses these business cartels, why they come into existence and persist, why they are regarded as being so bad, and the objectives within the increasingly complex and multi-level phenomenon of legal control.
In recent years, the south-western border of the United States has come under increasing pressure from the activities of Mexican narco-insurgents. These insurgents have developed rapidly from beginnings as nebulous gangs into networked cartels that have exposed the porosity of the border. These cartels declare no allegiance to any nation and are engaging in asymmetrical warfare against sovereign states throughout Mexico and in Central America. Within such states, de facto political control is shifting to the cartels in the ‘areas of impunity’ that have emerged. This book addresses these concerns and focuses on the criminal insurgencies being waged by the gangs and cartels. It is divided into sections on theory, Mexico, and the Americas and contains a number of introductory essays pertaining to this premier security threat to the United States and her allies in the region. Topics covered include criminal and spiritual insurgency, cartel weapons, corruption, feral cities, Los Zetas, politicized gangs, and threat analysis in Central America. This book will be a valuable resource to scholars in the fields of regional security, criminal justice and American Studies. It will be of great benefit to military and civil policymakers and practitioners in the areas of law enforcement and counternarcotics. This book was published as a special issue of Small Wars and Insurgencies.
One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.
Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.
‘War’ is no exaggeration in discussing the bloodshed that has terrorized Mexico in the past decades. As rival cartels battle for control of a billion-dollar drug trade, the body count - 23,000 dead in five years - and sheer horror beggar the imagination of journalistic witnesses. Cartel gunmen have attacked schools and rehabilitation centers, and murdered the entire families of those who defy them. Reformers and law enforcement officials have been gunned down within hours of taking office. Headless corpses are dumped on streets to intimidate rivals, and severed heads are rolled onto dancefloors as messages to would-be opponents. And the war is creeping northward, towards the United States. El Narco is the story of the ultraviolent criminal organizations that have turned huge areas of Mexico into a combat zone. It is a piercing portrait of a drug trade that turns ordinary men into mass murderers, as well as a diagnosis of what drives the cartels and what gives them such power. Veteran Mexico correspondent Ioan Grillo traces the gangs from their origins as smugglers to their present status as criminal empires. The narco cartels are a threat to the Mexican government - and their violence has now reached as far as North Carolina. El Narco is required reading for anyone concerned about one of the most important news stories of the decade.
This captivating resource covers the bloody history of Mexican drug cartels from their rise in the 1980s to the latest round of brutal violence, which has seen more than 125,000 Mexican citizens killed over the past decade. This comprehensive reference work offers a detailed exploration of the vicious drug organizations that have enveloped Mexico in extreme violence since the 1980s. Organized alphabetically, the book features more than 200 entries on the major individuals and organizations that have dominated Mexico's booming illegal drug trade, as well as the Mexican armed forces and police units that have faced off against them in the escalating War on Drugs. The book opens with illuminating essays that provide context for Mexico's cartels and the long-running War on Drugs and explore the impact of the cartels on the United States. The A-Z entries that follow include such topics as Vincente Fox, "El Chapo" Guzman, the Golden Triangle, Operation Border Star, and the Sinaloa and Zetas cartels. Other entries focus on various anti-drug campaigns, crucial events, and weaponry favored by the cartels. The entries are augmented by an expansive chronology, a colorful glossary, and an extensive bibliography.
Drawing together a variety of perspectives, this accessible yet comprehensive Research Handbook provides an in-depth analysis of the most significant issues pertaining to the legal regulation of cartels. An interdisciplinary team of respected experts explores the theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation.
"Without this testimony, we simply cannot grasp what is going on . . . Americans would do well to read [Gangster Warlords]." --The New York Times Book Review, Editor's Choice From the author of El Narco, the shocking story of the men at the heads of cartels throughout Latin America: what drives them, what sustains their power, and how they might be brought down. In a ranch south of Texas, the man known as The Executioner dumps five hundred body parts in metal barrels. In Brazil's biggest city, a mysterious prisoner orders hit-men to gun down forty-one police officers and prison guards in two days. In southern Mexico, a meth maker is venerated as a saint while enforcing Old Testament justice on his enemies. A new kind of criminal kingpin has arisen: part CEO, part terrorist, and part rock star, unleashing guerrilla attacks, strong-arming governments, and taking over much of the world's trade in narcotics, guns, and humans. What they do affects you now--from the gas in your car, to the gold in your jewelry, to the tens of thousands of Latin Americans calling for refugee status in the U.S. Gangster Warlords is the first definitive account of the crime wars now wracking Central and South America and the Caribbean, regions largely abandoned by the U.S. after the Cold War. Author of the critically acclaimed El Narco, Ioan Grillo has covered Latin America since 2001 and gained access to every level of the cartel chain of command in what he calls the new battlefields of the Americas. Moving between militia-controlled ghettos and the halls of top policy-makers, Grillo provides a disturbing new understanding of a war that has spiraled out of control--one that people across the political spectrum need to confront now.
This collection presents a diverse set of case studies and theoretical reflections on how criminologists engage with practitioners and policy makers while undertaking research. The contributions to this volume highlight both the challenges and opportunities associated with doing criminological research in a reflexive and collaborative manner. They further examine the ethical and practical implications of the ‘impact’ agenda in the higher education sector with respect to the production and the dissemination of criminological knowledge. Developed to serve as an internationally accessible reference volume for scholars, practitioners and postgraduate criminology students, this book responds to the awareness that criminology as a discipline increasingly encompasses not only the study of crime, but also the agencies, process and structures that regulate it. Key questions include: How can criminal justice policy be studied as part of the field of criminology? How do we account for our own roles as researchers who are a part of the policy process? What factors and dynamics influence, hinder and facilitate ‘good policy’?