This chapter examines the issue of imputing liability in the context of the private enforcement of competition law. It focuses specifically on the notion of imputing liability to a legal person for the EU competition law violation committed by another legal person within the same corporate...

Few would deny that the European Commission has an impressive track record with respect to anti-cartel enforcement. At present, however, a lacuna exists with respect to its enforcement powers: it cannot to impose fines on natural persons who are responsible for their companies’ cartel...

The EU-level doctrine of parental antitrust liability presents a number of challenges in terms of securing the legitimacy of EU competition law enforcement. Professor Whelan’s new monograph examines this issue from a positive and normative perspective, ultimately arguing that as currently...

A global trend towards the criminalisation of cartel activity can be detected at present. What was once primarily a US phenomenon has become an international one, with countries as diverse as Israel, Brazil, and Australia pursuing a policy of cartel criminalization. The existence of criminal...

"An abstract is a short description of your longer piece of work and is used as a free layer of content discoverable online. An abstract should not attempt to summarise the whole work as it is also there to show readers whether or not reading further is warranted. It is used to allow people...

Despite outward appearances, the flow of information between retailer and supplier in a “hub and spoke” arrangement can in certain circumstances be deemed to be horizontal in nature (i.e. equivalent in substance as a direct exchange from the retailer to her competitor). This article...

On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (ERRA) entered into force, ensuring significant changes to the UK cartel offence. The criminal offence, contained in section 188 of the Enterprise Act 2002, was enacted to secure the deterrence of cartel activity...

Both the European Commission and the UK authorities have legislative powers to examine a market that they feel isn't working properly in order to investigate if there are any competition and/or other problems that require remedying. Such powers include the ability to initiate and/or undertake...

This article formulates a principled criminalisation framework in order to argue for the necessity of criminal sanctions as punishment under EC cartel law. It examines the traditional rationales of criminal punishment, demonstrating their relative merits and demerits. The theoretical usefulness...