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Kartellstrafrecht in den USA, dem Vereinigten Königreich und Deutschland

Wagner-von Papp, F; (2009) Kartellstrafrecht in den USA, dem Vereinigten Königreich und Deutschland. Wirtschaft und Wettbewerb (WuW) , 59 (12) 1236 - 1249.

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Abstract

The article compares the criminal enforcement of antitrust law in the United States of America, the United Kingdom and Germany. The British cartel offence in s 188 of the Enterprise Act 2002 has received widespread attention, which led to the perception that the criminal antitrust enforcement was working effectively in the UK. In contrast, the German bid-rigging provision in s 298 of the Criminal Code - and the application of the fraud provision in s 263 to bid-rigging cases - is widely perceived as being of minor importance. The article demonstrates that this perception is distorted: The UK cartel offence was applied for the first time as late as 2008 in the Marine Hose Cartel case. At this point, more than 160 persons had been sentenced under the German bid-rigging provision. Furthermore, more than 20 suspended prison sentences were handed down in Germany, and at least one person was sentenced to an unsuspended prison term of two years and ten months in 2006, a higher sentence than any of the British cartelists received. The article describes some of the reasons why the German provision is hardly noticed, explains that the deterrence effect of the provision is impeded by this lack of public perception, and suggests possibilities for improvement.

Type:Article
Title:Kartellstrafrecht in den USA, dem Vereinigten Königreich und Deutschland
Location:Germany
Publisher version:http://www.wuw-online.de/pswuw/fn/wuw/SH/441c211c54607c8cc224a446c1f06d/sfn/bp/cn/doc/ID/340595/bt/0/s/1/phrase/Wagner-von%20Papp/strucid/3/bstruc/57/index.html
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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