The First Luxembourg Cartel Crime Conference
| Author | Scott Crosby |
| Published date | 01 March 2012 |
| Date | 01 March 2012 |
| DOI | http://doi.org/10.1177/203228441200300101 |
| Subject Matter | Editorial |
New Journal of Eu ropean Crimina l Law, Vol. 3, Issue 1, 2012 3
EDITORIAL
THE FIRST LUXEMBOURG CARTEL CRIME
CONFERENCE
Wherewith Uniformity?
S C
e conference advertised in the last issue of this journal “Per Se Cartel O ences –
Legitimacy and Utility of Criminal Sanctions” is over. By all accounts it was a great
success. Certa inly there was never a moment’s silence and there was not just a ow but
a ood of ideas between panellists and audience and everyone le a little wiser than
before they came. e intention is to hold another conference next year and to ma ke a
habit of such conferences for so long as they assist the re nement of ideas and the
search for the “truth ”.
is is not the place to give a summary of the conference or of any individual’s
contribution. It might be the place, however, to note a point made from the oor of the
house which might otherw ise be forgotten.
So here is the story:
e competition law of each Member State, with the minor exception of Ger many,
derives from the old Art icles85 and 86 of the EEC Treaty which entered into force in
1957. German competition law, the GWB, came more directly from the e orts to
de-cartelise the country a er WWII and entered into force on 1 January 1958.
However German and EEC competition law were conceived together and were both
instrumenta l in the re-building of Europe, at least of Western Europe. Not only doe s
the competition law of each Member State come, therefore, essentia lly from the same
origin but it operates according to the same common principle – that of uniform
application. If competition law is not un iformly applied within the sa me jurisdiction
then competition law paradoxically distorts competition and becomes self defeating
and counter-productive. For this reason national competition law systems work in
close cooperation with the EU system and under the supervision of the European
Court of Justice so that consistency of approach and application is maintained EU
wide.
e UK Enterprise Act 2002 introduces the “cartel o ence”. It is in the news
currently because the o ence is to be re-de ned by removing the need to prove
dishonesty in order to convict. is should make it easier to obtain convictions, it is
said.
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