The UK Response to the Global Effort against Cartels: Is Criminalisation Really the Solution?

TY - JOUR

T1 - The UK Response to the Global Effort against Cartels

T2 - Is Criminalisation Really the Solution?

AU - Jones, Alison

AU - Williams, Rebecca

PY - 2014/4

Y1 - 2014/4

N2 - This article considers the increasing tendency for states to introduce criminal cartel regimes and notes that, despite this tendency, few jurisdictions, aside from the USA, have been successful in imprisoning individuals involved in cartel conduct. The article examines why this might be, focussing on the difficulties and problems that have been encountered with the criminal cartel offence in the UK. The article discusses both theoretical and practical obstacles that appear, up until now, to have undermined the force and effectiveness of the UK regime and led to concerns about its scope. Given the difficulties identified, the article concludes that caution should be exercised before a state, intent on increasing deterrents to cartel activity, decides to criminalize such conduct. Rather, it recommends that such jurisdictions should consider not only criminalization of cartel activity but whether steps to enhance civil enforcement might be a preferable and more efficient solution for increasing the force of, and respect for, cartel rules.

AB - This article considers the increasing tendency for states to introduce criminal cartel regimes and notes that, despite this tendency, few jurisdictions, aside from the USA, have been successful in imprisoning individuals involved in cartel conduct. The article examines why this might be, focussing on the difficulties and problems that have been encountered with the criminal cartel offence in the UK. The article discusses both theoretical and practical obstacles that appear, up until now, to have undermined the force and effectiveness of the UK regime and led to concerns about its scope. Given the difficulties identified, the article concludes that caution should be exercised before a state, intent on increasing deterrents to cartel activity, decides to criminalize such conduct. Rather, it recommends that such jurisdictions should consider not only criminalization of cartel activity but whether steps to enhance civil enforcement might be a preferable and more efficient solution for increasing the force of, and respect for, cartel rules.

UR - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2389632

U2 - 10.1093/jaenfo/jnt017

DO - 10.1093/jaenfo/jnt017

M3 - Article

VL - 2

SP - 100

EP - 125

JO - Journal of Antitrust Enforcement

JF - Journal of Antitrust Enforcement

IS - 1

ER -