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"...gives the general reader an objective appraisal of the cartel movement as a whole. Includes an estimate of the extent to which cartels affect foreign trade & domestic markets of the United States." --from the Foreword
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
"International cartels are powerful organizations that impact our everyday lives, although they are little known. This book presents fifteen historical case studies of international cartels that include agricultural and mineral commodities, the machinery industry, telephone equipment, whiskey and cement. They reveal that international cartels manipulated prices and shared markets over many decades, but that their real impact was far wider. The global convergence towards criminalizing serious cartel conduct has seen a revival in historical research on cartels and competition policy. The regulation of anti-competitive behaviour has changed over time. To understand why US, European and other modern economies altered their policies through the 20th century, it is critical to understand when, how and why governments have interacted with, and been influenced by, business organizations such as cartels. This volume draws together researchers from different nations to examine the impact of international cartels on the experience of individual countries; those nations' interactions with one or more international cartels; and ultimately with the individual nation's interactions with the wider international community. This book will be of interest to researchers, academics and advanced students in the fields of business and economic history, political economy, and government policy and those interested in cartels and their impact on the wider economy"--
Cartel issues arise in a variety of settings and industries and increasingly without regard to jurisdictional boundaries. Many jurisdictions have granted their competition authorities broad jurisdictional reach and provided them with aggressive investigative tools, such as wiretap authority and compulsory process. There is also a burgeoning movement to criminalize cartel activity in places where it has previously been regarded as wholly or principally a civil or administrative matter. And the global proliferation of leniency programs continues to radically destabilize cartels, creating powerful incentives for institutions to turn against their co-conspirators.This first edition of the International Antitrust Cartel Handbook is a vital reference for both new and experienced antitrust practitioners navigating the increasingly complex global cartel enforcement environment. It brings together leading cartel practitioners from around the world to address the critical issues that arise throughout the lifecycle of a cartel investigation and prosecution. The Handbook provides both breadth of coverage and analytical depth suitable for a wide range of practitioners, including everyone from those who may find themselves on the front line of a government inquiry or internal investigation; to those awaiting their day in court to contest a criminal indictment; to those simply preparing to counsel a client on the basic "dos and don'ts" of engaging with competitors.