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The increasing criminalization of economic law : a competition law perspective

Clarke, Julie 2012, The increasing criminalization of economic law : a competition law perspective, Journal of financial crime, vol. 19, no. 1, pp. 76-98.

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Title The increasing criminalization of economic law : a competition law perspective
Author(s) Clarke, Julie
Journal name Journal of financial crime
Volume number 19
Issue number 1
Start page 76
End page 98
Total pages 23
Publisher Emerald Group Publishing Limited
Place of publication Bingley, England
Publication date 2012
ISSN 1359-0790
1758-7239
Keyword(s) Cartel conduct
Organized crime
Criminalization
Summary Purpose – The purpose of this paper is to examine the trend towards the criminalization of hard core cartel conduct and to consider the appropriateness and effectiveness of extending the criminal law to this conduct. In addition, it will consider some of the legal implications, including the exposure of directors of companies to potential racketeering charges.
Design/methodology/approach – The paper first examines cartel theory and the justification for prohibition. The paper then identifies the emerging trend toward criminalization of hard core cartel conduct, followed by an assessment of potential justifications for criminalization. Implications of criminalization, including the potential impact of organized crime legislation on offenders and regulators, will then be considered.
Findings – There is a clear trend towards the criminalization of hard core cartels. The paper argues that this trend is appropriate, both because of the moral culpability it attracts and because of its potential to enhance general deterrence. The paper also argues that cartel conduct, in jurisdictions in which it is criminalized, will constitute “organized crime” as defined in the Palermo Convention and, as such, expose participants to potential money laundering and asset forfeiture consequences.
Originality/value – This paper is of value to governments and regulators considering adoption or implementation of a criminal cartel regime and to practitioners in advising clients about potential consequences of cartel conduct within a criminal regime.
Notes Reproduced with the kind permission of the copyright owner.
Language eng
Field of Research 180105 Commercial and Contract Law
180110 Criminal Law and Procedure
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2012. Emerald Group Publishing Limited
Persistent URL http://hdl.handle.net/10536/DRO/DU:30041075

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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.