Show simple item record Harding, Christopher 2009-10-05T09:49:53Z 2009-10-05T09:49:53Z 2009-10-05
dc.identifier.citation Harding , C 2009 , ' Capturing the cartel¿s friends: Cartel facilitation and the idea of joint criminal enterprise ' ' , pp. 298-309 . en
dc.identifier.other PURE: 133635
dc.identifier.other dspace: 2160/3141
dc.description Harding, Christopher, (2009) 'Capturing the cartel¿s friends: Cartel facilitation and the idea of joint criminal enterprise', European Law Review 34 (2), pp. 298-309. Keywords: Cartels; EC law; Joint enterprise; Penalties en
dc.description.abstract The recent ruling by the Court of First Instance in AC-Treuhand (T-99/04), confirming that a consultancy firm which had facilitated the operation of the Organic Peroxide Cartel thereby infringed Art.81(1) EC, provides some insight into the nature of punishable cartel offending. Now that involvement in business cartels attracts significant sanctions at both a corporate and individual level the basis for such penal liability requires a clear justification. The facilitation of cartels is part of that extra layer of subterfuge which adds to the reprehensible character of the anticompetitive damage arising from cartels, so as to justify penal measures such as large fines and prison terms. A number of recent judgments serve to emphasise that the tough regulation of cartels is as much about dealing with subterfuge and legal defiance as the anticompetitive behaviour in itself. It is also instructive in this context to draw upon the model of the joint criminal enterprise (JCE), as it has been developed in war crimes proceedings, as a way of viewing an anticompetitive cartel as a joint illegal enterprise, which necessarily and significantly includes the role of facilitating actors as well as that of actual price fixers and the like. en
dc.format.extent 12 en
dc.language.iso eng
dc.relation.ispartof ' en
dc.title Capturing the cartel¿s friends: Cartel facilitation and the idea of joint criminal enterprise en
dc.type Text en
dc.type.publicationtype Article (Journal) en
dc.contributor.institution Department of Law & Criminology en
dc.description.status Peer reviewed en

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