‘Wanted: Antitrust Criminals’: Criminalisation of Cartel Law with a Special View to Hungary
| Author | Péter Mezei |
| Published date | 01 June 2011 |
| DOI | 10.1177/203228441100200205 |
| Date | 01 June 2011 |
| Subject Matter | Analysis and Opinions |
160 Intersent ia
‘WANTED: ANTITRUST CRIMINALS’
Criminalisation of cartel law with a
special view to Hungary
P M*
ABSTRACT
Due to the gradually spreading modern trends of the development of white-collar crimes
in the eld of business cri me and – closely related to it – the criminalisation of the most
serious antitrust violation s (hardcore cartels), EU and the Member States’ cartel policies
seem to have reached a signicant turning-point: it is to be decided quite soon whether
the criminal prose cution and sanctioning of carte ls in a general and unied manner is
the way of the future for eective antitrus t enforcement, or the current situat ion with
mixed systems combini ng both administrative and criminal elements shoul d further
prevail. is article discu sses the most fundamental advantages and diculties of
developing a generally criminalised ca rtel enforcement system, and raises some possible
legislative alternatives for future development, with a special view to the development of
the Hungarian regime.
2. GLOBAL TRENDS SURROUNDING THE
CRIMINALISATION OF CARTEL LAW
Because it is an element of more than a hundred countries’ lega l systems, ca rtel law
has undoubtedly become a generally-known topic throughout the world by this point.
Increasing interest and publicity in th is subject are most probably connected with the
more a nd more deterrent sa nctions impose d on cartelists. e future d irection of
cartel enforcement policies has become globally common and clear: draconia n rigidity
in ghting hardcore ca rtels is expanding worldwide.
* Attorney-at-law, Competition Law Expert, Mez ei Péter Law Firm in cooperation with Réti, Antal l &
Partners L aw Firm, Budapest, Hunga ry. For any correspondence: pet er.mezei@hu.pwclegal.com.
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