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.

PART A INTRODUCTION1. Criminalising Cartels: Why Critical Studies?Caron Beaton-Wells and Ariel EzrachiPART B THE US EXPERIENCE WITH CRIMINAL CARTEL ENFORCEMENT2. Punishment for Cartel Participants in the United States: A Special Model?Donald I BakerPART C EXPERIENCES OUTSIDE THE US WITH CRIMINAL CARTEL ENFORCEMENT3. Redesigning a Criminal Cartel Regime: The Canadian ConversionD Martin Low and Casey Halladay4. Competition Offences in Ireland: The Regime and Its ResultsPatrick Massey and John D Cooke 5. DOA: Can the UK Cartel Offence Be Resuscitated?Julian Joshua6. What if All Bid Riggers Went to Prison and Nobody Noticed? Criminal Antitrust Law Enforcement in GermanyFlorian Wagner-von Papp7. Cartel Criminalisation and the Australian Competition and Consumer Commission: Opportunities and ChallengesCaron Beaton-WellsPART D EU PERSPECTIVES ON CARTEL CRIMINALISATION8. Criminalising Cartels in the European Union: Is There a Case for Harmonisation?Ingeborg Simonsson9. Criminal Cartel Enforcement in the European Union: Avoiding a Human Rights Trade-OffPeter WhelanPART E TESTING ORTHODOX ASSUMPTIONS UNDERPINNING CARTEL CRIMINALISATION10. Criminal Cartel Sanctions and Compliance: The Gap between Rhetoric and RealityChristine Parker11. Am I a Price Fixer? A Behavioural Economics Analysis of CartelsMaurice E Stucke12. Cartels in the Criminal Law LandscapeRebecca Williams13. Cartel Offences and Non-Monetary Punishment: The Punitive Injunction as a Sanction against CorporationsBrent FissePART F EXPLORING THE POLITICAL ECONOMY OF CARTEL CRIMINALISATION14. Cartel Criminalisation as Juridification: Political and Regulatory DangersStephen Wilks 15. The Anti-Cartel Enforcement Industry: Criminological Perspectives on Cartel CriminalisationChristopher Harding16. 'The Battle for Hearts and Minds': The Role of the Media in Treating Cartels as CriminalAndreas StephanPART G FUTURE CHALLENGES FACING CARTEL CRIMINALISATION ON AN INTERNATIONAL SCALE17. International Cartels, Concurrent Criminal Prosecutions and Extradition: Law, Practice and PolicyMichael O'Kane18. Cartels as Criminal? The Long Road from Unilateral Enforcement to International ConsensusAriel Ezrachi and Jiøí Kindl