Criminalising Cartels, Caron Beaton-Wells & Ariel Ezrachi (Eds.) – A Review
DOI | 10.1177/203228441100200306 |
Published date | 01 September 2011 |
Date | 01 September 2011 |
Subject Matter | Article |
282 Intersentia
ARTICLES
Criminalising CartEls, CARon BeAton-
WeLLs & ARIeL ezRACHI (eDs.) – A ReVIeW
S C
e Book contains eighteen substa ntive chapters and one introductory chapter.
e foreword is by the President of the OECD Competition Committee, Professor
Frederic Jenny. is gives a brief summary of t he Committee’s policy on cartel
crimina lisation. It also provides a brief summary of t he Book.
e introductory chapter sum marises the Book, one chapter aer anot her, and in
addition to explaining why critical studies are necessary, it oers tentative conclusions
to the Book as a whole.
ere is also a summary avai lable on the internet.1 Further summary here may,
therefore, be dispensed wit h.
e foreword and the introductory chapter have the eect, on the one hand, of
mapping the ensuing discussion and thus assisting the reader from the very beginning
and, on the other, of lending unity to the Book as whole. is is worth noting becau se
books written by many dierent and even d iverse authors, as t he Book is, are not
always paradig ms of unity.
e Book is not conceived as the last word on the topic of crimi nalising car tels.
Quite on the contrary, the editors expres sly state their wish that the Book wil l inspire
‘more critical studies’. is may prove to be a self-ful lling prophesy, because no part
of the B ook is immune from comment a nd in any event t he Book leaves the big
questions open: crimina lise or not and i f so how, on the one hand, or seek greater
deterrence wit hout criminalising on the other? Indeed, each part of the Book, from
the foreword to the nal chapter, deserves crit ical comment.
e Book invites and stimulates discussion and this alone suggests that it is a work
of quality. In dia lectical terms it can be s aid to represent a form of thesis, and thus to
require an antithesis. Shou ld synthesis then emerge i n the form of a workable
consensus, implementation will require a political decision or a series of political
1 Http://cartel.law.unimelb.edu.au/download.cfm?downloadle=7E02C798–5056-B405–51B72F911
239F65E&ty pename=d mFile&eld name=lena me.
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