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NCJ Number: 84129 Find in a Library
Title: Antitrust Law and Criminal Law Policy in Western Europe (From Economic Crime in Europe, P 39-56, 1980, L H Leigh, ed. - See NCJ-84126)
Author(s): K Tiedemann
Date Published: 1980
Page Count: 18
Sponsoring Agency: St Martin's Press
New York, NY 10010
Sale Source: St Martin's Press
Scholarly & Reference Division
175 Fifth Avenue
New York, NY 10010
United States of America
Language: English
Country: United States of America
Annotation: This essay discusses the general development of European antitrust legislation (special attention to West Germany), the deterrent effect of criminal sanctions on economic crime, and antitrust delinquency in Western Europe.
Abstract: On the international level, there is a widespread tendency to form cartels in many business endeavors; however, competition is increasingly being fostered in the legislation and law enforcement practices of the countries of Western Europe as well as in the United States. The Netherlands plans to introduce a ban on cartels and preventive control of mergers. Even Switzerland, which up to now has been letting cartels and mergers operate, is showing a tendency to create antitrust law and invest its cartel commission with executive powers. This effort to increase and maintain competition is connected with stiffer penalties and other punitive measures for the most severe antitrust cases. There is reason to suppose that a consistent policy aimed at the establishment and safeguarding of competition is well adapted to reducing and preventing impermissible limitations on competition and therefore the commission of antitrust offenses. Such a policy also guarantees market partners' freedom. This aspect of freedom has been particularly emphasized in German economic philosophy. This approach creates a broad public feeling of the value of competition as the basic principle of the economy. Forty-five references are listed. (Author summary modified)
Index Term(s): Antitrust offenses; Europe
Note: Paper first presented at a conference at Stanford Law School on 10 November 1976.
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