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

Christopher Harding, Caron Beaton-Wells, Jennifer Edwards

Research output: Chapter in Book/Report/Conference proceedingChapter


The discussion here will consider the relationship between the operation of leniency programmes in the context of competition law or antitrust enforcement and the use of criminal law or other penal sanctions. The purpose will be to explore this significant but as yet imperfectly understood intersection of competition law and criminal law and in particular probe the dynamic of legal development: whether this should be seen as the adoption of a criminal law tool by the competition regime, or as an incursion of criminal law ideology into the latter. The value of the kind of enquiry is that it can inform our perception of what is happening in both the field of competition governance and that of criminalisation policy. Putting the point more bluntly, does the view of the cartelist as criminal (‘well-dressed thief in a suit’ ) originate in the service of leniency, or in a strong normative (political and legal) shift in feelings about cartel behaviour ?
Original languageEnglish
Title of host publicationAnti-Cartel Enforcement in a Contemporary Age
Subtitle of host publicationLeniency Religion
Place of PublicationOxford
PublisherHart Publishing
Number of pages30
ISBN (Print)9781849466905, 1849466904
Publication statusPublished - 24 Sept 2015

Publication series

NameHart Studies in Competition Law


Dive into the research topics of 'Leniency and Criminal Sanctions in Anti-Cartel Enforcement: Happily Married or Uneasy Bedfellows?'. Together they form a unique fingerprint.

Cite this