IDEAS home Printed from https://ideas.repec.org/a/taf/ijecbs/v17y2010i1p67-86.html
   My bibliography  Save this article

Criminal Cartel Sanctions Under the UK Enterprise Act: An Assessment

Author

Listed:
  • Eleanor Morgan

Abstract

The focus of this paper is on the deterrence of 'hard core' cartels through appropriate sanctions. The UK has the toughest provisions in the EU, with a dual system of administrative regulation and fines directed at firms and penalties, including criminal proceedings, targeted at the individuals involved. The paper considers experiences since the introduction of personal criminal sanctions for the UK's 'cartel offence' under the Enterprise Act 2002. Although an enforcement lag was to be expected, the threat of criminal sanctions against individuals to date has seemed more apparent than real. Problems in applying the policy are identified through an assessment in terms of the necessary prerequisites for the successful criminalisation of antitrust offences proposed by Wils (2005) and ongoing developments in the UK are discussed. The findings shed some light on the difficulties of introducing effective criminal sanctions on individual cartel behaviour at Member State level and suggest more general consideration be given to non criminal director disqualifications.

Suggested Citation

  • Eleanor Morgan, 2010. "Criminal Cartel Sanctions Under the UK Enterprise Act: An Assessment," International Journal of the Economics of Business, Taylor & Francis Journals, vol. 17(1), pages 67-86.
    • Handle: RePEc:taf:ijecbs:v:17:y:2010:i:1:p:67-86
    DOI: 10.1080/13571510903516953
    as

    Download full text from publisher

    File URL: http://www.tandfonline.com/10.1080/13571510903516953
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1080/13571510903516953?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:taf:ijecbs:v:17:y:2010:i:1:p:67-86. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Chris Longhurst (email available below). General contact details of provider: http://www.tandfonline.com/CIJB20 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.