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The cartel offence: defining an appropriate "moral space"

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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The cartel offence: defining an appropriate "moral space". / MacCulloch, Angus.
In: European Competition Journal, Vol. 8, No. 1, 04.2012, p. 73-93.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

MacCulloch, A 2012, 'The cartel offence: defining an appropriate "moral space"', European Competition Journal, vol. 8, no. 1, pp. 73-93. https://doi.org/10.5235/174410512800370043

APA

MacCulloch, A. (2012). The cartel offence: defining an appropriate "moral space". European Competition Journal, 8(1), 73-93. https://doi.org/10.5235/174410512800370043

Vancouver

MacCulloch A. The cartel offence: defining an appropriate "moral space". European Competition Journal. 2012 Apr;8(1):73-93. doi: 10.5235/174410512800370043

Author

MacCulloch, Angus. / The cartel offence : defining an appropriate "moral space". In: European Competition Journal. 2012 ; Vol. 8, No. 1. pp. 73-93.

Bibtex

@article{f65f73af8bdf4206aa5d2ddf1f847003,
title = "The cartel offence: defining an appropriate {"}moral space{"}",
abstract = "There is increasing support in Europe for individual criminal penalties for cartel activity. The UK{\textquoteright}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{\textquoteright}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. ",
keywords = "Cartels, Crime, Competition, Harm, Intent",
author = "Angus MacCulloch",
year = "2012",
month = apr,
doi = "10.5235/174410512800370043",
language = "English",
volume = "8",
pages = "73--93",
journal = "European Competition Journal",
issn = "1744-1056",
publisher = "Taylor and Francis Ltd.",
number = "1",

}

RIS

TY - JOUR

T1 - The cartel offence

T2 - defining an appropriate "moral space"

AU - MacCulloch, Angus

PY - 2012/4

Y1 - 2012/4

N2 - 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.

AB - 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.

KW - Cartels

KW - Crime

KW - Competition

KW - Harm

KW - Intent

U2 - 10.5235/174410512800370043

DO - 10.5235/174410512800370043

M3 - Journal article

VL - 8

SP - 73

EP - 93

JO - European Competition Journal

JF - European Competition Journal

SN - 1744-1056

IS - 1

ER -