Chapter

Corporate and Individual Sanctions

Christopher Harding and Julian Joshua

in Regulating Cartels in Europe

Second edition

Published in print December 2010 | ISBN: 9780199551484
Published online May 2011 | e-ISBN: 9780191594977 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199551484.003.0012

Series: Oxford Studies in European Law

Corporate and Individual Sanctions

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This chapter provides a detailed account and critical evaluation of the range of sanctions now used in the European context to deal with cartel violations, as applied to both corporate and individual offenders. The core of the discussion is the use of financial penalties — still the primary sanction imposed upon corporate actors — and the increasing resort to criminal penalties and in particular prison terms, which may be applied to individual offenders at a national level. These penal developments and their origins are fully debated, and the evidence to date regarding the comparative effectiveness of these measures is considered. Necessarily there is also discussion of the pragmatic moderation of sanctions, through strategies such as leniency programmes, penalty discounts, and shorter settlement procedures, all of which have become an important aspect of this penal landscape. Other sanctions, notably termination orders, private claims for compensation, disqualification, and confiscation are also discussed, and generally the need to establish a coherent and sensible ordering of sanctions is addressed.

Keywords: sanctions; penalties; compensation; imprisonment; criminal penalties; confiscation; leniency; penalty discounts; civil claims; disqualification

Chapter.  25268 words.  Illustrated.

Subjects: EU Law

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