Abstract

http://ssrn.com/abstract=2089369
 


 



The Baby and the Bathwater - The Relationship in Competition Law between Private Enforcement, Criminal Penalties, and Leniency Policy


Angus MacCulloch


Lancaster University - Law School

Bruce Wardhaugh


School of Law--Queen's University Belfast

June 14, 2012


Abstract:     
Across the EU we have witnessed the development of numerous programmes to eradicate cartel activity. Some of the significant developments have been increasing administrative fines, the development of leniency policy, the introduction of criminal sanctions, and the encouragement of private actions for compensation. This paper examines the interaction of criminal sanctions and leniency, and the interaction between private enforcement and leniency. The paper highlights the tensions and conflicts which arise between leniency policy and these new enforcement tools and suggests that these new polices should be seen as adjuncts to mainstream administrative enforcement. Where conflicts arise between public enforcement, as supported by corporate leniency, and criminal or private enforcement we suggest that maintaining the effectiveness of public enforcement should prioritised.

Number of Pages in PDF File: 26

Keywords: Competition Law, Leniency, Criminalisation, Private Enforcement

JEL Classification: K21, K14, K41, K42, L40

working papers series





Download This Paper

Date posted: June 23, 2012  

Suggested Citation

MacCulloch, Angus and Wardhaugh, Bruce, The Baby and the Bathwater - The Relationship in Competition Law between Private Enforcement, Criminal Penalties, and Leniency Policy (June 14, 2012). Available at SSRN: http://ssrn.com/abstract=2089369 or http://dx.doi.org/10.2139/ssrn.2089369

Contact Information

Angus MacCulloch (Contact Author)
Lancaster University - Law School ( email )
Law School
Lancaster LA1 4YF, LA1 4YN
United Kingdom
Bruce Wardhaugh
School of Law--Queen's University Belfast ( email )
Belfast, BT7 1NN
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 658
Downloads: 216
Download Rank: 82,539

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.359 seconds