LIMITATIONS OF EU COMPETITION LAW AND THEIR INFLUENCE ON RECIDIVISM AND DETERRENCE: ANALYSIS OF THE CONVENIENCE OF A PENAL APPROACH TO CARTELS

Abstract

Competition law seeks to foster competition and innovation through the sanctioning of antitrust behavior, and it especially seeks to discourage the creation of hardcore cartels. To that effect, the European Union imposes administrative sanctions to cartels, whereas the United States use their penal system against them. This paper will analyze the advantages and limitations of each option, and will determine whether it would be more effective for the European Union to also use its penal system against cartels.

Keywords

• Antitrust law
• European Union
• United States
• sanctions
• deterrence.