Criminal Cartel Enforcement Stakeholder Views On Impact Of 2004 Antitrust Reform Are Mixed But Support Whistleblower Protection
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| Author | : Eileen R. Larence |
| Publisher | : DIANE Publishing |
| Total Pages | : 76 |
| Release | : 2011 |
| Genre | : Business & Economics |
| ISBN | : 1437989306 |
Criminal cartel activity, such as competitors conspiring to set prices, can harm consumers and the U.S. economy through lack of competition and overcharges. The Dept. of Justice (DoJ) leniency program offers the possibility that the first individual or co. that self-reports cartel activity will avoid criminal conviction and penalties. The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) encourages such reporting. This report addresses: (1) the extent that ACPERA affected DoJ¿s criminal cartel enforcement; (2) the ways ACPERA has affected private civil actions; and (3) key stakeholder perspectives on rewards and anti-retaliatory protection for whistleblowers reporting antitrust violations. Illus. This is a print on demand report.
| Author | : Tembinkosi Bonakele |
| Publisher | : Oxford University Press |
| Total Pages | : 340 |
| Release | : 2017-12-01 |
| Genre | : Law |
| ISBN | : 0192538713 |
Competition law has expanded to more than 100 jurisdictions worldwide with varying degrees of economic, social, and institutional development, raising important questions as to what is the appropriate design of competition law regimes and the interaction between competition law and economic development. This volume, comprising a selection of papers from the 4th BRICS International Competition Conference written by academic and practising economists and lawyers from both developed and developing countries, is distinctive in its focus on a broader view of competition policy in BRICS and developing countries. It examines the role competition, the application of broader public interest and national interest concerns in the analysis and influence on developing country competition authorities' policy-making. The contributors address topics such as: - a broad view of competition policy; - making markets work for the people as a post millennium development goal; - some key issues concerning the further development of China's antimonopoly law; - remedies in BRICS countries; - public interest issues in cross-border mergers; - crafting creative remedies in food markets in South Africa; - what are African competition authorities doing to fight cartels?; - successes and challenges in the fight against cartels; and the economics of antitrust sanctioning.
| Author | : W. Kip Viscusi |
| Publisher | : MIT Press |
| Total Pages | : 1001 |
| Release | : 2018-08-14 |
| Genre | : Business & Economics |
| ISBN | : 0262038064 |
A thoroughly revised and updated edition of the leading textbook on government and business policy, presenting the key principles underlying sound regulatory and antitrust policy. Regulation and antitrust are key elements of government policy. This new edition of the leading textbook on government and business policy explains how the latest theoretical and empirical economic tools can be employed to analyze pressing regulatory and antitrust issues. The book departs from the common emphasis on institutions, focusing instead on the relevant underlying economic issues, using state-of-the-art analysis to assess the appropriate design of regulatory and antitrust policy. Extensive case studies illustrate fundamental principles and provide insight on key issues in regulation and antitrust policy. This fifth edition has been thoroughly revised and updated, reflecting both the latest developments in economic analysis and recent economic events. The text examines regulatory practices through the end of the Obama and beginning of the Trump administrations. New material includes coverage of global competition and the activities of the European Commission; recent mergers, including Comcast-NBC Universal; antitrust in the new economy, including investigations into Microsoft and Google; the financial crisis of 2007–2008 and the Dodd-Frank Act; the FDA approval process; climate change policies; and behavioral economics as a tool for designing regulatory strategies.
| Author | : Helene Andersson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 305 |
| Release | : 2021-01-14 |
| Genre | : Law |
| ISBN | : 1509942491 |
This book examines the legislative patchwork surrounding access to the European Commission's cartel case files. Recent legislative changes have increased the value of the files and have also highlighted the inherent tension between a number of competing interests affecting their accessibility. The Commission is undoubtedly caught between a rock and a hard place, charged with the task to ensure due process, transparency and effectiveness while at the same time promoting both public and private enforcement of the EU competition rules. The author considers how best to ensure a proper balance between the legitimate, but often diverging interests of parties, third parties and national competition authorities in these cases. The book provides a unique and comprehensive presentation of the EU legislation and case law surrounding access to the Commission's cartel case files. The author examines the question of accessibility from three different perspectives: that of the parties under investigation, cartel victims, and national competition authorities. The author also considers the EU leniency system and whether any legislative changes could make the attractiveness of the system less dependent on the possibilities of cartel victims to access the evidence contained in the Commission's case files.
| Author | : Benjamin van Rooij |
| Publisher | : Cambridge University Press |
| Total Pages | : 1559 |
| Release | : 2021-05-20 |
| Genre | : Law |
| ISBN | : 1108754139 |
Compliance has become key to our contemporary markets, societies, and modes of governance across a variety of public and private domains. While this has stimulated a rich body of empirical and practical expertise on compliance, thus far, there has been no comprehensive understanding of what compliance is or how it influences various fields and sectors. The academic knowledge of compliance has remained siloed along different disciplinary domains, regulatory and legal spheres, and mechanisms and interventions. This handbook bridges these divides to provide the first one-stop overview of what compliance is, how we can best study it, and the core mechanisms that shape it. Written by leading experts, chapters offer perspectives from across law, regulatory studies, management science, criminology, economics, sociology, and psychology. This volume is the definitive and comprehensive account of compliance.
| Author | : Philip Lowe |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 640 |
| Release | : 2014-11-01 |
| Genre | : Law |
| ISBN | : 1782253785 |
This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include: Enno Ahlenstiel Donald Baker Jochen Burrichter Horst Butz Scott Campbell Brian Facey Tristan Feunteun Ian Forrester Andrew Foster Andrew Gavil Barry Hawk James Keyte Assimakis Komninos Bruno Lasserre Frédéric Louis Mel Marquis Veljko Milutinovic Luis Silva Morais Tom Ottervanger Silvia Pietrini Mark Powell John Ratliff J Thomas Rosch David Rosner Mario Siragusa James Venit
| Author | : U.s. Government Accountability Office |
| Publisher | : |
| Total Pages | : 76 |
| Release | : 2017-08-17 |
| Genre | : |
| ISBN | : 9781974643592 |
"Criminal cartel activity, such as competitors conspiring to set prices, can harm consumers and the U.S. economy through lack of competition and overcharges. The Department of Justice (DOJ) Antitrust Division's leniency program offers the possibility that the first individual or company that self-reports cartel activity will avoid criminal conviction and penalties. In 2004, the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) was enacted to encourage such reporting. The 2010 reauthorization mandated that GAO study ACPERA's effect. This report addresses (1) the extent that ACPERA affected DOJ's criminal cartel enforcement, (2) the ways ACPERA has reportedly affected private civil actions, and (3) key stakeholder perspectives on rewards and antiretaliatory protection for whistleblowers reporting criminal antitrust violations. GAO analyzed DOJ data on criminal cartel cases (1993-2010) and interviewed DOJ officials. GAO also interviewed a nongeneralizable sample of plaintiffs' and defense attorneys from 17 civil cases and key stakeholders including other antitrust attorneys selected using a snowball sampling technique whereby GAO identified contacts through referrals."
| Author | : U. S. Government Accountability Office ( |
| Publisher | : BiblioGov |
| Total Pages | : 80 |
| Release | : 2013-06 |
| Genre | : |
| ISBN | : 9781289119102 |
Criminal cartel activity, such as competitors conspiring to set prices, can harm consumers and the U.S. economy through lack of competition and overcharges. The Department of Justice (DOJ) Antitrust Division's leniency program offers the possibility that the first individual or company that self-reports cartel activity will avoid criminal conviction and penalties. In 2004, the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) was enacted to encourage such reporting. The 2010 reauthorization mandated that GAO study ACPERA's effect. This report addresses (1) the extent that ACPERA affected DOJ's criminal cartel enforcement, (2) the ways ACPERA has reportedly affected private civil actions, and (3) key stakeholder perspectives on rewards and antiretaliatory protection for whistleblowers reporting criminal antitrust violations. GAO analyzed DOJ data on criminal cartel cases (1993-2010) and interviewed DOJ officials. GAO also interviewed a nongeneralizable sample of plaintiffs' and defense attorneys from 17 civil cases and key stakeholders including other antitrust attorneys selected using a snowball sampling technique whereby GAO identified contacts through referrals.
| 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 ... '
| Author | : Steven Van Uytsel |
| Publisher | : Cambridge University Press |
| Total Pages | : 485 |
| Release | : 2022-09-22 |
| Genre | : Business & Economics |
| ISBN | : 100915270X |
The first empirical analysis of leniency programmes implemented in Asian countries to enforce the anti-cartel provisions of their competition law.
