The Wolfe Must Die in His Own Skin: A Case for Custodial Sentences Against Individuals in Cartel Cases in the EU

11 Pages Posted: 16 Sep 2014

See all articles by Lazar Radic

Lazar Radic

IE Law School; International Center for Law & Economics (ICLE)

Date Written: September 7, 2014

Abstract

The imposition of criminal sanctions against individuals who take part in cartels has been in the focus of much discussion in the European Union ('EU' or 'the Union') . Although there seems to be widespread consensus that the current penalties imposed at EU level are insufficient to effectively deter cartels both as first-time offenses and as recidivisms, the question of whether criminal sanctions involving imprisonment are the next logical step in EU antitrust enforcement is still very much a contentious one .

In this paper, we will argue that custodial sentences are indeed a necessity for the abatement of cartel activity in the EU. Due to reasons of space, the scope of the present work will be limited to the defense of prison sentences as both the most appropriate punishment for and the most effective deterrent against cartel activity. Criminal fines will hence not be discussed. Likewise, despite its pertinence, the issue of whether criminalization should be carried out at the level of EU institutions or through the harmonization of the criminal laws of the Member States shall not be delved into, except to show that these questions do not represent a serious obstacle in the setting up of a common criminal framework for cartel persecution across the Union.

Keywords: Antitrust, Cartels, Competition law, Prison sentences, Enforcement of competition law

JEL Classification: K21, K42

Suggested Citation

Radic, Lazar, The Wolfe Must Die in His Own Skin: A Case for Custodial Sentences Against Individuals in Cartel Cases in the EU (September 7, 2014). Available at SSRN: https://ssrn.com/abstract=2492831 or http://dx.doi.org/10.2139/ssrn.2492831

Lazar Radic (Contact Author)

IE Law School ( email )

Madrid
Spain

International Center for Law & Economics (ICLE) ( email )

1104 NW 15th Ave STE 300
Portland, OR OR 97209
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
75
Abstract Views
652
rank
438,319
PlumX Metrics