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Page 1 of 3

The Cambridge Handbook of Competition Law Sanctions
  • Edited by Tihamer Tóth
  • Published online:
    29 July 2022
    Print publication:
    23 June 2022
  • This handbook brings together an international roster of competition law scholars and practitioners to address the issue of sanctions in competition law from all angles. Covering nineteen jurisdictions around the world, the book analyzes the theoretical foundations and practice of sanctioning competition law infringements and, most importantly, cartels. Contributors include a range of experts drawing on criminal law, company law, labor law, human rights, and law and economics, to determine what sanctions are available as a matter of positive law against corporations and individuals, including fines and other criminal, administrative, and civil law sanctions; whether law enforcers are using these sanctions effectively; and if new sanctions – including individual sanctions – should be introduced.

  • 1 - The Quest to Create an Effective Set of Competition Law Sanctions

  • from Part I - General Chapters
  • Edited by Tihamer Tóth
  • Book:
    The Cambridge Handbook of Competition Law Sanctions
    Published online:
    29 July 2022
    Print publication:
    23 June 2022, pp 3-23

  • Summary

    The chapter summarizes the most important issues of the research topic, with a special focus on the goals of sanctioning competition law infringements. Without efficient sanctions, there is a serious risk that competition rules would not be taken seriously, which would in turn undermine the performance of our market economy. Sanctions, deterrence and respect for law are inseparable friends. Although there seems to be a global consensus that the ultimate goal is optimal deterrence, this goal exists more on the policy level than in the calculation of the amount of fines and other sanctions in actual cases. The chapter discusses various options for measuring the efficiency of fines, concluding that this discussion can be pursued only at an academic level. A mix of sanctions can bring about optimal deterrence, including personal administrative sanctions. Two hypothetical cartel cases with likely fines imposed in various jurisdictions are presented to show that even similarly structured sanctioning regimes may result in a diverging level of sanctions being imposed due to diverging national approaches.

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