Taking a Chance on per Se Cartel Crime?
| Date | 01 June 2012 |
| DOI | 10.1177/203228441200300201 |
| Author | Stefan Braum |
| Published date | 01 June 2012 |
| Subject Matter | Editorial |
New Journal of Eu ropean Crimina l Law, Vol.3, Issue 2, 2012 113
EDITORIAL
TAKING A CHANCE ON PER SE
CARTEL CRIME?
S B*
If Criminal Law were a stock option, gains would have been inevitable over the past
few decades. Its resources are in dema nd, especially in times of crisis . As sometimes
happens on the stock market, t here are not always plausible reasons for an increase in
share prices. Emotions and beliefs ca n be factual determinants. Indeed , expectations
of the abilities of Cri minal Law are high and o en g rounded on emotions and be liefs.
e world is becoming complicated and complex. Societ al systems are developing
across borders. e traditional legal f ramework of national sovereignty is drowning in
the process of globalisation. e cu rrent nancial crisis is just one of numerous
examples of transnational systems escaping from indiv idual and collective control.
ese s ystems are considered to be abstract actors deploying t heir own rules. Systems
impose constraints and immediate solutions, whereas citizens increasingly perceive
themselves as victims of a process that can be in uenced very little by considered,
democratic decision making. us, law in a world composed of globalised and
transnational systems risks losing its abilit y to regulate social life. Nevertheless the
desire for clear and unambig uous solutions for situations, that are lack ing transparency
and that are ambivalent, rema ins strong. Crimina l Law is therefore considered to be
an overall treatment resolving social disea ses caused by system de ciencies. e
arguments in favor of this medical funct ion of criminal law make reference to its
deterrent e ects or to its strengths of enforcement. Counter-indications, however,
insist on a pure placebo e ect that might ma ke the disease even worse.
Ensuring fair competition worldwide is one of the crucial challenges of
transnational economic law. Cartels, certainly, can hamper this objective. e need
for e cient regulation is clear, but does criminal law contain the r ight answer? is
volume contains some articles resulting from the conference at the University of
Luxembourg (23rd – 24th of March 2012) about “Per Se Cartel O ences – Legitimacy
and Utility of Cri minal Sanct ions”. e conference tried to bring toget her both
lawyers and scholars wit h a background in competition and corporate law and
criminal lawyers. e snapshot taken f rom this conference o ers a broader perspective
on the criminalisation of cartels. One could even say that debate on th is special area
* Dean of the Facu lty of Law, Economics and Fina nce, University of Luxembou rg.
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