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Leniency and Criminal Sanctions in Anti-Cartel Enforcement: Happily Married or Uneasy Bedfellows?

Christopher Harding, Caron Beaton-Wells, and Jennifer Edwards, Anti-Cartel Enforcement in a Contemporary Age: Leniency Religion, Hart Publishing, 2015

See Caron Beaton-Wells's resume See Christopher Harding's resume See Jennifer Edwards's resume

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Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

The dual emergence of leniency and criminalisation policies in the field of competition law and enforcement is not a coincidence. However, the reasons for and implications of this development are significantly under-explored. This chapter probes the dynamics underlying the criminalisation–leniency relationship. In particular, it examines what the proliferation of and almost religious adherence to leniency policies reveals about the impetuses for and nature of the criminalisation movement. The chapter also exposes ambiguities, tensions and contradictions associated with the relationship between leniency policy and criminalisation, highlighting the potential costs and compromises that it entails for both competition and criminal law and enforcement.

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