Criminalization of Competition Law Enforcement
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Criminalization of Competition Law Enforcement

Economic and Legal Implications for the EU Member States

Edited by Katalin J. Cseres, Maarten Pieter Schinkel and Floris O.W. Vogelaar

This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate.
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Chapter 7: Economic and Legal Implications of Criminal Competition Law Enforcement: Discussion by Panel

Claus-Dieter Ehlermann, William E. Kovacic, Giancarlo Spagnolo and Wouter P.J. Wils

Extract

7. Economic and legal implications of criminal competition law enforcement: discussion by panel Presider: Claus-Dieter Ehlermann Participants: William E. Kovacic Giancarlo Spagnolo Andreas P. Reindl Wouter P.J. Wils Interventions: Arnoud Boot University of Amsterdam Lorenzo Pace University of Rome Professor Ehlermann Thank you very much, Mr Spagnolo, for these stimulating remarks. We will see how my colleagues react to your suggestions. What seems to be important to me, and that is what you reflect clearly, is that the overall cultural environment in which one lives, independently of whether one is a lawyer or an economist, has an important bearing on the issues we discuss today. I would recognize the southern part of Italy, for instance – south of Rome, not so much north of the city – presents particular problems. One has to take into account in this debate the dimension of human behaviour; how different individuals react to different phenomena. In the Protestant north of Europe, this is not necessarily the same as in the Catholic south. In particular, if you have a lack of presence of the state, somebody steps in and affects your law enforcement. Having said that, I would like my colleagues to react. Bill [Kovacic, eds], do you have large points of agreement? The others perhaps less: we are all inclined to be hesitant about the rewarding of wrongdoers. But there you have a clear point of convergence with Giancarlo [Spagnolo, eds]. 150 Cseres 02 chap05 150 28/8/06 09:00:12 Economic and legal implications 151...

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