Download or read book Law of Cartels written by Mark Jephcott and published by Jordans. This book was released on 2003 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to cartels has been radically changed by the Enterprise Act 2002, which came into force on 20th June 2003. Cartel participation has been criminalised and directors involved in cartels can now be disqualified for periods of up to 15 years. At the EC level, record levels of fines are now being imposed on cartelists. It is increasingly evident that the detection and punishment of price-fixing, market-sharing and collusive tendering are the number one priority for both the EC and UK competition authorities. Law of Cartels is the only book dedicated solely to this important area of competition law. It clearly sets out the legal principles governing cartels and the consequences of cartel-like behaviour. It also offers practical advice for both lawyers advising companies and company directors, such as guidance on dealing with cartel investigations by the competition authorities, guidance on implementing compliance programmes to reduce the risk of cartel activity taking place, and guidance on the options open to companies accused of being involved in cartels. This book is an invaluable resource for competition lawyers, regulatory and commercial lawyers, company and in-house lawyers. REVIEWS: excellent ... It has a practical focus. No serious practitioner in competition law should be without it and many general commercial practitioners will want a copy behind their desk ... well structured and easy to use ... an admirable work which brings an impressively clear and practical focus on this important area of law European Competition Law Review an excellent contribution to the law of cartels and deserves to be on the bookshelves of practitioners, academics and industrialists ICCLR

Download or read book Making Peace in Drug Wars written by Benjamin Lessing and published by Cambridge University Press. This book was released on 2017-12-07 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past thirty years, a new form of conflict has ravaged Latin America's largest countries, with well-armed drug cartels fighting not only one another but the state itself. In Colombia, Mexico, and Brazil, leaders cracked down on cartels in hopes of restoring the rule of law and the state's monopoly on force. Instead, cartels fought back - with bullets and bribes - driving spirals of violence and corruption that make mockeries of leaders' state-building aims. Fortunately, some policy reforms quickly curtailed cartel-state conflict, but they proved tragically difficult to sustain. Why do cartels fight states, if not to topple or secede from them? Why do some state crackdowns trigger and exacerbate cartel-state conflict, while others curb it? This study argues that brute-force repression generates incentives for cartels to fight back, while policies that condition repression on cartel violence can effectively deter cartel-state conflict. The politics of drug war, however, make conditional policies all too fragile.

Download or read book The Law of Criminal Cartels written by Michael O'Kane and published by OUP Oxford. This book was released on 2009-09-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Criminal Cartels provides comprehensive coverage of the UK cartel offence, as well as the related powers of the main regulators in the UK, EU, US, and overseas. It brings together the criminal, regulatory, and civil law regimes.

Download or read book Cartel Criminality written by Christopher Harding and published by Routledge. This book was released on 2016-04-08 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Criminalising Cartels written by Caron Beaton-Wells and published by Bloomsbury Publishing. This book was released on 2011-02-10 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Criminal Insurgencies in Mexico and the Americas written by Robert Bunker J and published by Routledge. This book was released on 2013-10-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Cartel Offence written by Mark Furse and published by . This book was released on 2004 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book deals with the cartel offence introduced into UK law by the Enterprise Act 2002. It is now, for the first time, a criminal offence to operate certain cartel arrangements in the UK, and those found guilty of the offence face the prospect of fines and/or imprisonment. This presents new challenges for competition lawyers, who may not have expertise in criminal law, and criminal lawyers who are unlikely to have expertise in the complex substantive issues raised by competition law. This book addresses these issues, providing a guide to the workings of the provisions, explanations of the definitions set out in the Act, and an analysis of the relationship of the new offence with the existing UK and EC competition law. Human rights issues and practical considerations in the application of the relevant procedural law are also dealt with. Relevant OFT guidance and statutory provisions are published in the Appendix."--Bloomsbury Publishing.

Download or read book The Criminal Law of Competition in the UK and in the US written by Mark Furse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002, the UK introduced a criminal competition law into the UK legal system for the first time since the 18th century. Using a range of analytical lenses, Mark Furse re-appraises this law ten years on, and provides an extensive analysis of its features. This invigorating work details the policy arguments behind the introduction of the law, and examines Ð through consideration of the successful prosecutions in the US Ð the extent to which the law in practice may be considered to have succeeded or failed in the UK. The role of the US as global antitrust policeman is also considered. The book concludes with a consideration of the difficulties facing the UK in choosing to pursue a criminal route within the current civil framework. Including full discussions of relevant literature relating to the criminalisation of cartels, and the use of personal sanctions against cartelists, this book will appeal to postgraduates and advanced undergraduate students of competition law, competition law practitioners in the UK, EU and US, as well as competition law enforcement personnel.

Download or read book Cartels Markets and Crime written by Bruce Wardhaugh and published by Cambridge University Press. This book was released on 2014-02-06 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the normative justification for criminalising cartel activity which goes beyond historical accounts of the topic.

Download or read book Cartel The Coming Invasion of Mexico s Drug Wars written by Sylvia Longmire and published by St. Martin's Press. This book was released on 2011-10-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having followed Mexico's cartels for years, border security expert Sylvia Longmire takes us deep into the heart of their world to witness a dangerous underground that will do whatever it takes to deliver drugs to a willing audience of American consumers. The cartels have grown increasingly bold in recent years, building submarines to move up the coast of Central America and digging elaborate tunnels that both move drugs north and carry cash and U.S. high-powered assault weapons back to fuel the drug war. Channeling her long experience working on border issues, Longmire brings to life the very real threat of Mexican cartels operating not just along the southwest border, but deep inside every corner of the United States. She also offers real solutions to the critical problems facing Mexico and the United States, including programs to deter youth in Mexico from joining the cartels and changing drug laws on both sides of the border.

Download or read book The Terrorist Criminal Nexus written by Jennifer L. Hesterman and published by CRC Press. This book was released on 2013-04-17 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Postmodern global terrorist groups engage sovereign nations asymmetrically with prolonged, sustained campaigns driven by ideology. Increasingly, transnational criminal organizations operate with sophistication previously only found in multinational corporations. Unfortunately, both of these entities can now effectively hide and morph, keeping law e

Download or read book Cartel Regulation written by A Neil Campbell and published by Law Business Research Ltd.. This book was released on 2017-01-03 with total page 969 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cartel Regulation, edited by A Neil Campbell of McMillan LLP, addresses the most important issues practitioners face to mitigate the fines imposed on clients under the scrutiny of antitrust authorities. Featuring expert local insight into cartel regulation across 39 jurisdictions, the book covers crucial topics such as: relevant legislation and substantive law, industry-specific offences and defences, steps in an investigation, investigative powers, international cooperation, interplay between jurisdictions, adjudication, appeal process, criminal, civil and administrative sanctions, private damage claims and class actions, recent penalties, sentencing guidelines, leniency and immunity programmes, defending a case and getting the fine down. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic from the perspective of leading experts there are also editorial chapters covering Brexit, the ICN, a global overview and also a quick reference table proving a brief overview of procedural guidelines. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P

Download or read book Regulating Cartels in Europe written by Christopher Harding and published by . This book was released on 2010 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Criminalization of Competition Law Enforcement written by K. J. Cseres and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.

Download or read book Votes Drugs and Violence written by Guillermo Trejo and published by Cambridge University Press. This book was released on 2020-09-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book A Normative Theory of Cartel Crime written by Luke Danagher and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While cartels have been outlawed in numerous jurisdictions for decades now, the move towards the use of criminal law in this area is a relatively recent development in most instances. The imposition of criminal sanctions has generally been justified by the need to deter cartels. Against this backdrop of deterrence guided criminalization, this thesis will assess the justifiability of criminalization based on deterrence theory, with the UK cartel offence operating as a case study. After finding this orthodox approach to cartel criminalization wanting in a number of important areas, this thesis presents a normative, retribution-based case for criminalizing cartels. In furtherance of this goal, two prominent theories of criminal law are discussed: Feinberg's Harm Principle and R.A. Duff's penal theory. In applying their individual requirements to cartel law, this thesis moves beyond deterrence as a justification for criminalization. This is done by arguing that cartels are unfair methods of market behaviour based on the theory of fair play. Furthermore, in arguing that a cartel's primary harm is done to the competitive system, and not solely onto consumers, this thesis establishes cartels as a form of public harm. After justifying criminalization, several major implications of taking this normative approach are examined. It is argued that a mens rea of intention is an essential component of a properly functioning criminal cartel offence. It is further posited that an offence of wilful blindness is required. The availability of inchoate and secondary liability under the current UK cartel offence is also assessed. Ultimately, this thesis aims to show that the theoretical underpinnings of the UK cartel offence are defective and that a normative approach is to be preferred on principled grounds. A complete redrafting of the UK offence is requested so as to create a more principled and coherent cartel offence.

Download or read book The Criminalization of European Cartel Enforcement written by Peter Whelan and published by OUP Oxford. This book was released on 2014-08-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.