Cartel Criminality: The Mythology and Pathology of Business Collusion
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.
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Probing the Pathology and Mythology of Business Collusion
Tales of AntiCartel Enforcement as Criminological Testing
Historical Narrative and Analysis
Six Narratives of Cartel Prehistory Lifetime and AfterLife
Conceptual and Methodological Problems
7 Desistance Recalcitrance and Cartelist AfterLife
8 Tales of Cultural Diversity How to Deal with the Dancing Giants?
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action actors Ajinomoto Akzo Nobel Alfred Taubman American analysis anti-cartel enforcement anti-competitive Antitrust appeal argument Art House Auctions Asea Brown Boveri behaviour biographies Bridgestone business cartels cartel activity cartelists Chapter Christie’s Christopher Harding collusion companies company’s competition authorities Competition Law compliance conduct context corporate criminal law criminalisation criminological culture Davidge delinquency Department of Justice deterrence discussion economic European Commission evidence example fines German Harding and Joshua immunity impact individual industry infringement instance international cartel investigation involved legal control legal process leniency programmes Løgstør Lysine Manuli Marine Hose Cartel Mark Whitacre market share matter meeting million narrative Neelie Kroes normative operation organisation outcome Parker ITR participation particular Powerpipe present Press Release prison terms proceedings producers question recidivism regulation regulatory relation role sanctions sector Sherman Act significant Soda Ash Solvay Sotheby’s strategies subsidiary Taubman trade Trelleborg Whitacre Wood Pulp