Juridical Tribune (Mar 2018)
Criminal cartels
Abstract
Cartels are nowadays a global issue, affecting consumers from all over the world. As the consequences of anticompetitive agreements have an impact at extraterritorial level, with implications beyond the market where the cartel operates, cartel investigations have a global dimension. Cartel members, which are global players, should be aware of this aspect, as in some jurisdictions, for example in the United States of America, cartel agreements are a criminal offence, as they harm the consumer. The present paper will analyze the approach to cartels in the United States of America and in the European Union, it will deal with the research question if cartels are seen as criminal in several jurisdictions and it will point out aspects of international cooperation in fighting against cartels, in order to ensure consumer protection. The research questions will be illustrated by case-law and case-studies that will serve as examples. The present paper will use an interdisciplinary comparative research approach, with focus on an international perspective related to cartel enforcement at a global level.
