Broadening the Definition: Why We Need to Discuss Cartels, Corruption and the Moral Question
| Date | 01 June 2010 |
| Author | Scott Crosby |
| Published date | 01 June 2010 |
| DOI | 10.1177/203228441000100201 |
| Subject Matter | Editorial |
New Journal of Eur opean Crimina l Law, Vol. 1, Issue 2, 2010 127
EDITORIAL
BRoADenIng tHe DeFInItIon: WHy We
neeD to DIsCUss CARteLs, CoRRUPtIon
AnD tHe MoRAL QUestIon
S C
In his recently published discour se on the ru le of law, Tom Bingham concludes t hat
the dierence between good a nd bad government is, precisely, the rule of law. It is, he
contends, “(…) the nearest we are likely to approach to a universal secular religion”.
He accepts that the rule of law remains an idea l, but one he urges, “worth strivi ng for,
in the interests of good government and peace , at home and in the world at large”.1
Whilst one might quibble over the phras e “secular religion” this conclusion is
incontestable in its essence.
It could be argued that the principle of undistorted competition has also developed
into something ak in to a near universal creed as the fol lowing attests:
i) the establishment of t he European Competition Network whose members are the
27 national competition authorities of the EU Member States a nd the Europea n
Commission;
ii) the est ablishment of the international competition network wit h 294 competition
law authorities covering all ve continents;
iii) the fact that per sonal liability for hard core cartels or the cr iminalisation of cartel
oences is recommended by the OECD;2
iv) t he fact that criminal isation is under consideration in Belgium, Mex ico, the
Netherlands, New Zea land; Russia and South Africa;3
v) the further fact that criminal sanctions may be applied to cartel oences (including
bid-rigging) in Austral ia, Austria, Brazil, Canada, Es tonia, France, Germany,
Ireland, Israel, Japan, Korea, Norway, the UK and t he USA.4
1 Bingham, e Ru le of Law, Allen Lane 2010, London, p. 174.
2 See Wish, Compet ition Law, Sixth Edit ion, OUP 2009, pp. 498 to 500.
3 Harding, A Pat hology of Business Car tels: Original Si n or the Child of Regulation? NJ ECL Volume
1, Issue 1, 2010, pp. 44 to 58.
4 Harding, op. ci t. Supra.
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