Cartels are the supreme evil of antitrust, says Justice Scalia in Verizon v Trinko (2004) 540 US 398. It is beyond the scope of this session to consider all the legal ramifications of the policy choice to fight against cartels, we focus on three issues: is the policy working; is the policy working in a legitimate way; how does one solve the role of leniency documents in the context of public & private enforcement?
Pick a selection, no need to read everything.
The socio-legal approach
C. Parker ‘The War on Cartels and the Social meaning of Deterrence’ (2013) 7 Regulation & Governance 174
M. Mariniello ‘Do European Union Fines Deter Price Fixing?’ Bruegel Policy Brief 2013/04 (May 2013)
J.M. Connor and R.H. Lande ‘Cartels as ‘Rational Business Strategy: Crime Pays’ (2012) 34 Cardozo Law Review 427
I.S. Forrester ‘A Challenge for Europe’s Judges: The Review of Fines in Competition Cases’ (2011) 36 European Law review 185
S.B. Völker ‘Rough Justice? An Analysis of the European Commission’s New Fining Guidelines’ (2007) 44 Common Market Law Review 1285
And the Court
Case C-356/11 Bundeswettbewerbsbehörde v Donau Chemie AG and Others judgment of 6 June 2013