Economic and Legal Implications for the EU Member States
Edited by Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar
Chapter 2: Criminal Competition Law Enforcement: Taking Stock on the Debate
Claus-Dieter Ehlermann 1 SUBJECT MATTER OF INTRODUCTION When Professor Vogelaar invited me to this conference, I accepted because criminalization is an old personal ‘hobby’ of mine. I have to admit, however, to never having done any serious research in the ﬁeld of sanctions and in particular criminal law sanctions. Nor have I ever participated in any policy debate on criminalization (neither at EU nor at Member State level). Finally, I do not have extensive experience with leniency programmes (neither at EU level, nor as a practising lawyer). My most relevant experience for this conference is a Competition Law and Policy Workshop organized at the EUI in Florence in June 2001.1 On reﬂecting on the most valuable contribution that I could bring to this particular conference, I thought that it would be to (a) build a bridge between the June 2001 Workshop and today’s conference; (b) compare the situation in June 2001 with the situation today; and (c) speculate about the probable evolution of the law and of attitudes in the years to come. 2 THE EUI WORKSHOP IN FLORENCE IN JUNE 2001 The June 2001 EUI Workshop centred on private enforcement of competition law. Criminalization occupied only 20 per cent of the time and was somewhat extraneous to the main subject of the workshop. I got interested in criminalization of competition law as a result of my past personal experiences in the Commission, ﬁrst as Head of the Legal Service and later as Director General of DG IV. In...