Cartel Prosecution

Cartel Prosecution
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Competition Policy, and Consumer Rights
Publisher:
Total Pages: 112
Release: 2014
Genre: Antitrust law
ISBN:

Hub-and-Spoke Cartels

Hub-and-Spoke Cartels
Author: Luke Garrod
Publisher: MIT Press
Total Pages: 303
Release: 2021-11-16
Genre: Business & Economics
ISBN: 0262046202

The first comprehensive economic and legal analysis of hub-and-spoke cartels, with detailed case studies. A cartel forms when competitors conspire to limit competition through coordinated actions. Most cartels are composed exclusively of firms that would otherwise be in competition, but in a hub-and-spoke cartel, those competitors (“spokes”) conspire with the assistance of an upstream supplier or a downstream buyer (“hub”). This book provides the first comprehensive economic and legal analysis of hub-and-spoke cartels, explaining their formation and how they operate to create and sustain a collusive environment. Sixteen detailed case studies, including cases brought against toy manufacturer Hasbro and the Apple ebook case, illustrate the economic framework and legal strategies discussed. The authors identify three types of hub-and-spoke cartels: when an upstream firm facilitates downstream firms to coordinate on higher prices; when a downstream intermediary facilitates upstream suppliers to coordinate on higher prices; and when a downstream firm facilitates upstream suppliers to exclude a downstream rival. They devote a chapter to each type, discussing the formation, coordination, enforcement, efficacy, and prosecution of these cartels, and consider general lessons that can be drawn from the case studies. Finally, they present strategies for prosecuting hub-and-spoke collusion. The book is written to be accessible to both economists and lawyers, and is intended for both scholars and practitioners.

Wolf Boys

Wolf Boys
Author: Dan Slater
Publisher: Allen & Unwin
Total Pages: 354
Release: 2016-09-28
Genre: True Crime
ISBN: 1952534232

The brutal journey of two American kids from normal teenagers to Cartel killers. At first glance, Gabriel Cardona was the poster boy American teenager: athletic, bright, handsome and charismatic. But the streets of his border town of Laredo, Texas, were poor and dangerous, and it wasn't long before Gabriel, along with some childhood friends, abandoned his promising future for the allure of the Zetas, a drug cartel with roots in the Mexican military, boosting cars and smuggling drugs. Within a few months they were to become some of the cartel's most-feared killers: Los Lobos, The Wolf Boys. Mexican-born detective Robert Garcia had worked hard all his life, struggling to raise his family in America. As violence spilled over the border into his adopted country, Detective Garcia's pursuit of the boys and their cartel leaders would place him face to face with the terrible consequences of a war he came to see as unwinnable. Through the eyes of these young boys, whose actions and lives blended teenage normalcy with monstrous barbarity, Dan Slater takes us from the Sierra Madre mountaintops to the dusty, dark alleys of small-town Texas on a harrowing, often brutal journey into the heart of the Mexican drug trade. An astonishing, immersive, non-fiction thriller informed by extraordinary research and vivid detail, Wolf Boys uncovers the dark truth about Mexico's cartels and the tragic failure of the 'war on drugs'.

International Antitrust Cartel Handbook

International Antitrust Cartel Handbook
Author: Section of Antitrust of the American Bar Association
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN: 9781641055147

Cartel issues arise in a variety of settings and industries and increasingly without regard to jurisdictional boundaries. Many jurisdictions have granted their competition authorities broad jurisdictional reach and provided them with aggressive investigative tools, such as wiretap authority and compulsory process. There is also a burgeoning movement to criminalize cartel activity in places where it has previously been regarded as wholly or principally a civil or administrative matter. And the global proliferation of leniency programs continues to radically destabilize cartels, creating powerful incentives for institutions to turn against their co-conspirators.This first edition of the International Antitrust Cartel Handbook is a vital reference for both new and experienced antitrust practitioners navigating the increasingly complex global cartel enforcement environment. It brings together leading cartel practitioners from around the world to address the critical issues that arise throughout the lifecycle of a cartel investigation and prosecution. The Handbook provides both breadth of coverage and analytical depth suitable for a wide range of practitioners, including everyone from those who may find themselves on the front line of a government inquiry or internal investigation; to those awaiting their day in court to contest a criminal indictment; to those simply preparing to counsel a client on the basic "dos and don'ts" of engaging with competitors.

The Criminalization of European Cartel Enforcement

The Criminalization of European Cartel Enforcement
Author: Peter Whelan
Publisher: OUP Oxford
Total Pages: 487
Release: 2014-08-07
Genre: Law
ISBN: 0191649031

Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.

Anti-Cartel Enforcement in a Contemporary Age

Anti-Cartel Enforcement in a Contemporary Age
Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
Total Pages: 425
Release: 2015-09-24
Genre: Law
ISBN: 1782259414

Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ' ... fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ... [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

Research Handbook on Cartels

Research Handbook on Cartels
Author: Peter Whelan
Publisher: Edward Elgar Publishing
Total Pages: 583
Release: 2023-03-02
Genre: Law
ISBN: 183910287X

Drawing together a variety of perspectives, this accessible yet comprehensive Research Handbook provides an in-depth analysis of the most significant issues pertaining to the legal regulation of cartels. An interdisciplinary team of respected experts explores the theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation.

Criminalising Cartels

Criminalising Cartels
Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
Total Pages: 776
Release: 2011-02-10
Genre: Law
ISBN: 1847318134

This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

Competition Law and Policy in the EU and UK

Competition Law and Policy in the EU and UK
Author: Barry J. Rodger
Publisher: Taylor & Francis
Total Pages: 403
Release: 2021-11-07
Genre: Law
ISBN: 0429955197

Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the UK and EU, including topics such as anti-competitive agreements, abuse of dominance, mergers and Brexit. The book’s contents are tailored to cover all major topics in competition law teaching, and the authors’ clear and accessible writing style offers an engaging and easy-to-follow overview of the subject for course use. The sixth edition provides a full update for this well-established title and takes recent developments into account, including those in the case law surrounding the concept of ‘object’ agreements under Art 101 TFEU, the concept of abuse under Art 102 TFEU, the treatment of online multi-sided platform markets, and the development of private enforcement. Chapters focus on the substantive laws of the UK and EU and demonstrate how competition law affects business including co-ordinated action, pricing behaviour, takeovers and mergers. Information is presented within a structured framework, complete with discussion of the UK enforcement structures following the UK’s withdrawal from the EU. The book includes a wealth of pedagogical features, including chapter overviews and summaries, discussion questions and further reading. Clear, focused and student-friendly, this book offers a comprehensive resource for students taking competition law courses and will be of interest to postgraduate students and legal professionals looking for an introduction to the topic.