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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

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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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