TY - CHAP
T1 - The relationship between EU criminal law and competition law
AU - Harding, Christopher
PY - 2016/3/1
Y1 - 2016/3/1
N2 - The link between EU criminal law and the EU regulation of competition is a potentially significant but still largely unexplored matter, in both theoretical and practical terms. In formal terms, there is no cross-reference between the two, and no obvious linkage. But closer acquaintance with the subject raises the question of how, first, the burgeoning development of national criminal law for purposes of enforcing some areas of competition law and policy and, secondly, the highly significant and original EU own-enforcement of its competition rules, which has developed some clearly repressive and penal features without a formal label of criminal law, fit with emergent EU criminal law. The discussion here first of all explores the relevance and use of the methods and concepts of criminal law in competition governance, especially in the European context, and then returns to this matter of the present and possible future relationship between EU criminal law and the competition regime.
AB - The link between EU criminal law and the EU regulation of competition is a potentially significant but still largely unexplored matter, in both theoretical and practical terms. In formal terms, there is no cross-reference between the two, and no obvious linkage. But closer acquaintance with the subject raises the question of how, first, the burgeoning development of national criminal law for purposes of enforcing some areas of competition law and policy and, secondly, the highly significant and original EU own-enforcement of its competition rules, which has developed some clearly repressive and penal features without a formal label of criminal law, fit with emergent EU criminal law. The discussion here first of all explores the relevance and use of the methods and concepts of criminal law in competition governance, especially in the European context, and then returns to this matter of the present and possible future relationship between EU criminal law and the competition regime.
UR - http://hdl.handle.net/2160/42674
M3 - Chapter
SN - 9781783473304
SN - 1783473304
T3 - Research Handbooks in European Law
SP - 249
EP - 271
BT - Research Handbook on EU Criminal Law
A2 - Mitsilegas, Valsamis
A2 - Bergstrom, Maria
A2 - Konstadinides, Theodore
PB - Edward Elgar Publishing
CY - Cheltenham
ER -