Cartelization in Western Europe PDF Download

Author: Corwin D. Edwards
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 114

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Author: Corwin D. Edwards
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 0

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Christopher Harding
Publisher:
ISBN: 0199551480
Category : Law
Languages : en
Pages : 439

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Book Description
One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.

Author: Lee McGowan
Publisher: Edward Elgar Publishing
ISBN: 1849807019
Category : Law
Languages : en
Pages : 241

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Lee McGowans authoritative book is a very welcome addition to the literature ondevelopments in European antitrust. It focuses primarily on EU supernational cartel policy, providing a fascinating, critical account of why policy developed as it has and of its effectiveness in detecting, punishing and deterring cartelists to the present. With its emphasis on institutional structures and decision makingprocesses and its use of examples, the book will be an invaluable reference for political scientists and should also attract a wide readership among economists and lawyers. - Eleanor J. Morgan, University of Bath, UK.

Author: Corwin D. Edwards
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 112

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Author: Mark S. LeClair
Publisher: Taylor & Francis
ISBN: 1136940774
Category : Business & Economics
Languages : en
Pages : 197

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The uncovering of a great number of cartels in the industrialised world has left an unfortunate, yet significant, mark on global economic developments in recent years. Globalization has forced firms into more direct competition; the result has been global price-fixing. This situation has greatly challenged antitrust authorities. Taking a broad yet detailed approach, this work sets a practical explanation of the history of cartels and antitrust law in a sound theoretical framework, as well as providing suggestions as to how potential reforms of antitrust laws could improve the situation going forward. The book includes a comprehensive analysis of the motivations behind and perceived necessity for organisations to enter into cartels, and the success or otherwise of legislatures’ attempts to both uncover and prevent such cartels from taking place. A total of 24 price-fixing conspiracies uncovered in the US and Europe are examined as part of the analysis to demonstrate the globalization of collusion.

Author: Susanna Fellman
Publisher: Routledge
ISBN: 1317694007
Category : Business & Economics
Languages : en
Pages : 312

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Cartels, trusts and agreements to reduce competition between firms have existed for centuries, but became particularly prevalent toward the end of the 19th century. In the mid-20th century governments began to use so called ‘cartel registers’ to monitor and regulate their behaviour. This book provides cases studies from more than a dozen countries to examine the emergence, application and eventual decline of this form of regulation. Beginning with a comparison of the attitudes to regulation that led to monitoring, rather than prohibiting cartels, this book examines the international studies on cartels undertaken by the League of Nations before World War II. This is followed by a series of studies on the context of the registers, including the international context of the European Union, and the importance of lobby groups in shaping regulatory outcomes, using Finland as an example. Section two provides a broad international comparison of several countries’ registers, with individual studies on Norway, Australia, Japan, Germany, Sweden and the Netherlands. After examining the impact of registration on business behaviour in the insurance industry, this book concludes with an overview of the lessons to be learnt from 20th century efforts to regulate competition. With a foreword by Harm Schroter, this book outlines the rise and fall of a system that allowed nations to tailor their approach to regulating competition to their individual circumstances whilst also responding to the pressures of globalisation that emerged after the Second World War. This book is suitable for those who are interested in and study economic history, international economics and business history.

Author: Aistė Mickonytė
Publisher: BRILL
ISBN: 9004384650
Category : Law
Languages : en
Pages : 248

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In this monograph, Aistė Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.

Author: Christopher Harding
Publisher: Oxford University Press, USA
ISBN: 9780199242443
Category : Law
Languages : en
Pages : 338

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Book Description
One of the most contentious and high-profile aspects of European Community competition law and policy has been the regulation of what may be described as serious antitrust violations, typically involving large and powerful corporate producers and traders operating across Europe, if not also in awider international context. Such 'hard core' cartels characteristically engage in practices such as price fixing, bid rigging, market sharing and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little doubt now in terms of competition theory andpolicy at both international and national levels about the damaging effect of such trading practices on public and consumer interests, and such cartels have been increasingly strongly condemned in the legal process of regulating and protecting competition. Indeed, a number of legal systems are nowfollowing the American lead in criminalizing such activity. This may therefore be seen as the 'hard end' of the enforcement of competition policy, requiring more confrontational and aggressive methods of regulation, yet also presenting considerable challenges to effective enforcement on account ofthe economic power, sophistication and determination of the typical participants in such cartels.The focus of this study is a critical evaluation of the way in which European-level regulation has evolved to deal with the problem of anti-competitive cartels. It traces the historical development of cartel regulation in Europe, comparing the pragmatic and empirical approach traditional in Europewith the more dogmatic and uncompromising American policy on cartels and asks whether a fully-fledged criminal proceeding (with its attendant level of legal safeguards) is the most appropriate approach to legal regulation .