Should Criminal Law Protect Against Religious Defamation? Some Reflections on the Applicability of Sec. 166 of the German Criminal Code and the Current Situation in Germany

Esser, Robert

doi:10.5771/9783748923923-223

Cited by 1 publication

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“…Some Member States like Greece, 23 France, 24 Romania 25 and Denmark 26 do criminalise various cartel activities, but rarely use these laws to imprison execu- 27 Other states like Germany, Hungary, Poland and Italy continue to have laws criminalising bid rigging, a form of cartels wherein state resources are abused. 28 These laws, however, are rarely used to imprison individuals. 29 It can safely be concluded that the preferred position in the EU is to deter and punish cartels through fines and private enforcement, 30 Over fifty-eight damage awards have been handed by the national courts to claimants in over 299 claims filed.…”

Section: A Divergence the Size Of The Atlantic: Approaches To Cartel ...mentioning

confidence: 99%

Whither Criminal Cartel Enforcement in the EU?

Agrawal¹

2023

Erasmus Law Review

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Cartels have been a persistent problem in the European internal market and despite strong enforcement, cartels continue to exist and be discovered by the Commission. This article proposes that the optimal way to deal with cartels requires the imposition of criminal sanctions against corporates and responsible executives. This is not a novel proposal in itself: the US has had criminal sanctions against cartels for over a century and the UK for a decade. But the EU's unique regulatory and governance structure requires that such a proposal must have a stronger evidentiary basis and must take into account its governance structure. This article does so by analysing statistics on cartel enforcement in the EU and the US to show that fines have not been able to sufficiently deter cartels. Second, normative reasoning based on harm theory, morality of criminalisation and public choice theory is employed to indicate that cartel activities are criminal in nature and that penalising them as such would not amount to overcriminalisation. Third, objective analysis is used to dissect the limitations of fines: when used in isolation they do not target the wrongdoers, are suboptimal and impose social costs. Fourth, it is shown that combining fines with criminal sanctions can help us redress these issues and improve the deterrence levels significantly. Lastly, principles are proposed to ensure that such a proposal considers the varying gravity of cartel activities, and is in sync with the EU's rule of law and governance structure and the Commission's leniency programme.

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Section: A Divergence the Size Of The Atlantic: Approaches To Cartel ...mentioning

confidence: 99%

Whither Criminal Cartel Enforcement in the EU?

Agrawal¹

2023

Erasmus Law Review

View full text Add to dashboard Cite

show abstract

Should Criminal Law Protect Against Religious Defamation? Some Reflections on the Applicability of Sec. 166 of the German Criminal Code and the Current Situation in Germany

Cited by 1 publication

References 0 publications

Whither Criminal Cartel Enforcement in the EU?

Whither Criminal Cartel Enforcement in the EU?

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