There is a clear trend towards the criminalization of ‘hard core’ antitrust cartels. Countries that have recently criminalised anti-competitive behaviour include United Kingdom, Australia, South Africa and Russia. Important questions arise regarding the appropriateness and effectiveness of extending the criminal law to this conduct. This workshop will consider whether or not cartel conduct should be treated as criminal. Standard justifications will be considered, including moral blameworthiness, the proportionality principle and general deterrence. In addition, it will consider some of the legal implications, for instance, the exposure of directors of companies to potential racketeering charges. The definition of ‘organized crime’ in the Palermo Convention will be considered as well as potential money laundering and asset forfeiture consequences.

See Julie Clarke, ‘The increasing criminalization of economic law – a competition law perspective’ (2011) 19(1) Journal of Financial Crime 76-98