Description
Book SynopsisCombining a variety of perspectives, this accessible Research Handbook provides a comprehensive and in-depth analysis of the most significant issues pertaining to the legal regulation of cartel activity.
Its interdisciplinary team of top scholars explores theoretical, legal, economic, political, and comparative discourse surrounding cartel regulation. Collectively, its chapters address the major economic, substantive, and procedural issues encountered in cartel law and provide practical insight into the experiences of numerous jurisdictions from across the globe concerning anti-cartel enforcement. Rigorous and authoritative, this Research Handbook captures the informed views of various stakeholders in the debate at hand, including those of competition law academics, competition law economists, practising lawyers, and competition law enforcers.
Given its scope and depth, this Research Handbook will be essential reading for academics, practitioners, and policymakers interested in competition law generally and in cartel law in particular. It will also be beneficial as a supplementary reading resource for students of competition law, most notably those examining the issues of cartel regulation.
Trade Review‘This Research Handbook succeeds in its twin aims, namely of succinctly reminding us what we already know about cartels and collusion, and of mapping out how much we still need to explore. This group of authors is well placed to help shape the discussion going forward.’ -- Daniel Sokol, University of Southern California, Gould School of Law, US
Table of ContentsContents: Introduction to the Research Handbook on Cartels 1 Peter Whelan PART I FUNDAMENTAL CONCEPTS 1 The practical requirements of a successful cartel 5 Joseph E. Harrington, Jr 2 The prevalence and injuriousness of cartels worldwide 22 John M. Connor and Robert H. Lande 3 An historical account of anti-cartel enforcement 45 Susanna Fellman and Martin Shanahan 4 The morality of cartel activity 73 Andreas Stephan PART II SUBSTANTIVE ISSUES 5 The legal concept of a cartel 90 Okeoghene Odudu 6 Cartels and the concept of the firm 102 Christopher Sagers 7 The concept of a Single and Complex Continuous Infringement 118 Stefan Thomas 8 Lawful cartels 135 Or Brook 9 Cartel facilitation 156 Christopher Harding 10 The concept of a ‘hub-and-spoke conspiracy’ 169 Mark Furse 11 Algorithmic tacit collusion 187 Ariel Ezrachi and Maurice E. Stucke 12 Smart contracts and cartel law 213 Salil K. Mehra 13 Cartels and the exchange of information 221 Daniel A. Crane 14 Buyer cartels 234 Peter C. Carstensen 15 Crisis cartels 251 Éric Barbier de La Serre PART III PROCEDURAL ISSUES 16 The difficulties of proving an unlawful cartel 271 Fernando Castillo de la Torre 17 Leniency programmes 288 Cristina A. Volpin and Peerapat Chokesuwattanaskul 18 Cartels and fines 308 Florian Smuda 19 Cartel activity and recidivism 332 Catarina Marvão 20 The criminalization of cartel activity 351 Bruce Wardhaugh 21 Calculating cartel damages 369 Cento Veljanovski 22 Cross-border cartels and international cooperation 388 Pierre Horna and Sophie Hunter PART IV CARTEL LAW IN PRACTICE 23 The European Union 401 Paolisa Nebbia 24 India and Pakistan 419 Amber Darr 25 Hong Kong and Mainland China 438 Thomas K. Cheng 26 Association of Southeast Asian Nations 454 Rachel Burgess 27 Australia and New Zealand 476 Julie Clarke 28 South America 500 Juan David Gutiérrez 29 North America 521 Steven F. Cherry, Claire Bergeron, Lauren Ige, Mark Katz, Dajena Pechersky, Ernesto Duhne and Ivan Szymanski Index
