SHS Web of Conf.
Volume 92, 2021The 20th International Scientific Conference Globalization and its Socio-Economic Consequences 2020
|Number of page(s)||10|
|Section||Financial Management and Financial Markets|
|Published online||13 January 2021|
Competition criminal law: an international and global trend?
Centro de Estudos Avançados em Direito Francisco Suárez (CEAD - Francisco Suárez), Lusófona University of Porto, Faculty of Law and Political Science, Porto, Portugal
* Corresponding author: firstname.lastname@example.org
Research background: Competition laws have become widespread and as a rule have a sanctioning nature. DANVERS refers an exponential increase in legal systems that introduced competition laws in recent years, accounting for more than 127 jurisdictions hereto. Specifically concerning the trend of criminalizing cartels, SHAFFER and NESBITT consider it due to transnational interests, and SÁNCHEZ defends a link between the economic subsystem as the engine of globalization and the economic law with the latter – where economic criminal law, competition law, financial markets law, among others are included - being subject to strong international influences, and possibly being moreover a sign of democracy. More than 30 jurisdictions already have criminalized cartels and STEPHAN mentions that about 60 jurisdictions already present internal legal solutions combining a reinforcement of sanctions with the figure of leniency, in a “carrot and stick” approach to destabilizing and deterring cartels.
Purpose of the article: Considering the cartel criminalization trend in competition law, it is paramount to identify the underlying legal interests as a (global) recognized fundamental value, even if there are particularities adjusted to each legal order, and the purpose of the article is to identify the legal interests and adscription criteria that may be considered and retained as common in competition enforcement.
Methods: normative analyses of the law.
Findings & Value added: To discuss how to harmonize, in an international legal environment, competition enforcement.
Key words: competition law / cartels / criminalization / harmonization /
© The Authors, published by EDP Sciences, 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Current usage metrics show cumulative count of Article Views (full-text article views including HTML views, PDF and ePub downloads, according to the available data) and Abstracts Views on Vision4Press platform.
Data correspond to usage on the plateform after 2015. The current usage metrics is available 48-96 hours after online publication and is updated daily on week days.
Initial download of the metrics may take a while.