12,000
We have over 12,000 students, from over 100 countries, within one of the safest campuses in the UK
94%
94% of Lancaster students go into work or further study within six months of graduating
View graph of relations
Download
The Cartel Offence: Defining an Appropriate "Mo...
397 KB, PDF-document
30/04/12
The Cartel Offence: Defining an Appropriate "Moral Space"
Research output: Contribution to journal › Journal article
Published
| Journal publication date | 04/2012 |
|---|---|
| Journal | European Competition Journal |
| Journal number | 1 |
| Volume | 8 |
| Number of pages | 21 |
| Pages | 73-93 |
| Original language | English |
Abstract
There is increasing support in Europe for individual criminal penalties for cartel activity. The UK’s initial experience of criminalisation has not been successful and reform has been suggested. It is argued that when designing a criminal cartel offence deterrence cannot be the only concern and the true wrongdoing in cartel behaviour must be at it centre. Cartel harm does not provide good basis for criminalisation and it is argued that its proper basis should be the individual cartelist’s intention to subvert the competitive process. A reformed UK cartel offence, without the current dishonesty test, should reflect the central concern of subverting the competitive process clearly.