Book contents
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- 1 The Quest to Create an Effective Set of Competition Law Sanctions
- 2 The Role of Fines in the Toolkit of Competition Agencies
- 3 Sanctions on Legal Persons
- 4 The Effectiveness of European Antitrust Fines
- 5 Corporate Governance and Competition Law Sanctions
- 6 Antitrust Criminalization As a Legitimate Deterrent
- 7 Criminalization of Anticompetitive Conducts
- 8 “Consensus”-Based Sanctions and Commitments
- 9 Effectiveness of Commitment Decisions
- 10 Compliance Policies and Sanctions
- 11 The Role of Administrative Courts in the Effective Enforcement of Competition Law Sanctions
- 12 Civil Sanctions in Antitrust Public Enforcement
- 13 What Role for Private Enforcement in EU Competition Law?
- 14 The Insights of Labor Law
- 15 Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction
- 16 Catholic Teaching on Just Punishment, Especially in Connection with Financial Matters: According to the 1983 Code of Canon Law
- Part II Country Reports
7 - Criminalization of Anticompetitive Conducts
A Real Deterrent or a “Paper Tiger” in Practice?
from Part I - General Chapters
Published online by Cambridge University Press: 29 July 2022
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- 1 The Quest to Create an Effective Set of Competition Law Sanctions
- 2 The Role of Fines in the Toolkit of Competition Agencies
- 3 Sanctions on Legal Persons
- 4 The Effectiveness of European Antitrust Fines
- 5 Corporate Governance and Competition Law Sanctions
- 6 Antitrust Criminalization As a Legitimate Deterrent
- 7 Criminalization of Anticompetitive Conducts
- 8 “Consensus”-Based Sanctions and Commitments
- 9 Effectiveness of Commitment Decisions
- 10 Compliance Policies and Sanctions
- 11 The Role of Administrative Courts in the Effective Enforcement of Competition Law Sanctions
- 12 Civil Sanctions in Antitrust Public Enforcement
- 13 What Role for Private Enforcement in EU Competition Law?
- 14 The Insights of Labor Law
- 15 Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction
- 16 Catholic Teaching on Just Punishment, Especially in Connection with Financial Matters: According to the 1983 Code of Canon Law
- Part II Country Reports
Summary
The chapter aims to answer the question in its title from a practical aspect, the perspective of a Hungarian criminal lawyer. First, it dsicusses the theoretical background and reasonableness of the criminalisation of anticompetitive conducts, including some thoughts about the type of sanctions that might make the threat of criminal liability a real deterrent. It goes on to summarise the main features of various criminal regimes with their own unique approaches to criminalisation. For this, it not only focuses on the regimes’ theoretical concepts, but also on their actual implementation and results, covering the difficulties and discrepancies deriving from their everyday practice. Based on this analysis, some general conclusions are drawn – both on the national and European Union level – regarding anticompetitive conducts’ criminalisation, and suggestions made as to how to improve the criminal regimes already introduced. Based on these findings, the study tries to answer its basic question, whether at the present stage of the (Hungarian) criminalisation of anti-competitive conducts, the ‘cartel crime’ could be deemed a somewhat theoretical danger, a so-called paper tiger, and whether even the present stage of criminalisation could be deemed satisfactory, and the present threat of criminal liability and sanctions already to have a real deterrent effect.
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- Information
- The Cambridge Handbook of Competition Law Sanctions , pp. 117 - 147Publisher: Cambridge University PressPrint publication year: 2022