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Introduction, 1 An Introduction to European Antitrust Criminalization and Its Theoretical, Legal, and Practical Challenges

Peter Whelan Dr

From: The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges

Peter Whelan

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 July 2022

Fines imposed on cartels — Relationship with Article 101 TFEU

This chapter provides an overview of the European antitrust criminalization debate. Article 101 of the Treaty on the Functioning of the European Union (TFEU) contains, inter alia, the EU's prohibition on cartel activity, which is enforced by the European Commission and the national competition authorities (NCAs) and courts of the EU Member States. Traditionally, within Europe, cartel law enforcement at national level has tended to avoid the employment of personal criminal punishment. This tradition notwithstanding, over the last decade or so there has been increasing debate within Europe concerning the imposition of the sanction of imprisonment on individuals who have engaged in cartel activity contrary to Article 101 TFEU. There are at least three categories of deficiencies in the current literature on the employment within the EU of personal criminal sanctions for cartel activity: theoretical, legal, and practical.

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