peer-reviewedThis article assesses the mental element of the Irish cartel offence and argues that a mens rea of intention is required if the offence is to function properly. It is argued that the current strict liability regime governing the cartel offence is unjustified and sacrifices too many non-consequentalist concerns in favour of dubious claims of fostering greater deterrence. After highlighting the application of both direct and oblique intention, the article argues against inferring a mens rea into the cartel offence. Rather, a redrafting of the cartel offence is called for.PUBLISHEDpeer-reviewe
The discussion in this paper examines the emergence of what may now be fairly described as the ‘Euro...
peer-reviewedIn examining the contours of criminal law and its application, most lawyers and crimino...
The paper argues that the sentences imposed on 31 May 2107 by the Central Criminal Court in the comm...
peer-reviewedThis article argues against the current strict liability approach of the cartel offence...
There is increasing support in Europe for individual criminal penalties for cartel activity. The UK’...
On 20 June 2018 the Court of Appeal in Ireland’s first bid-rigging case determined that the €7,500 f...
Developing a coherent evidence based methodology for determining sanctions in cartel cases is vitall...
Developing a coherent evidence based methodology for determining sanctions in cartel cases is vitall...
Developing a coherent evidence based methodology for determining sanctions in cartel cases is vitall...
On 20 June 2018 the Court of Appeal in Ireland’s first bid-rigging case determined that the €7,500 f...
The UK Cartel Offence was introduced in the Enterprise Act 2002 to challenge hard-core cartels and e...
Cartels – agreements between competitors to fix prices, allocate customers, and/or limit output – ha...
The paper argues that the sentences imposed on 31 May 2107 by the Central Criminal Court in the comm...
On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) entered into f...
The discussion in this paper examines the emergence of what may now be fairly described as the ‘Euro...
The discussion in this paper examines the emergence of what may now be fairly described as the ‘Euro...
peer-reviewedIn examining the contours of criminal law and its application, most lawyers and crimino...
The paper argues that the sentences imposed on 31 May 2107 by the Central Criminal Court in the comm...
peer-reviewedThis article argues against the current strict liability approach of the cartel offence...
There is increasing support in Europe for individual criminal penalties for cartel activity. The UK’...
On 20 June 2018 the Court of Appeal in Ireland’s first bid-rigging case determined that the €7,500 f...
Developing a coherent evidence based methodology for determining sanctions in cartel cases is vitall...
Developing a coherent evidence based methodology for determining sanctions in cartel cases is vitall...
Developing a coherent evidence based methodology for determining sanctions in cartel cases is vitall...
On 20 June 2018 the Court of Appeal in Ireland’s first bid-rigging case determined that the €7,500 f...
The UK Cartel Offence was introduced in the Enterprise Act 2002 to challenge hard-core cartels and e...
Cartels – agreements between competitors to fix prices, allocate customers, and/or limit output – ha...
The paper argues that the sentences imposed on 31 May 2107 by the Central Criminal Court in the comm...
On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) entered into f...
The discussion in this paper examines the emergence of what may now be fairly described as the ‘Euro...
The discussion in this paper examines the emergence of what may now be fairly described as the ‘Euro...
peer-reviewedIn examining the contours of criminal law and its application, most lawyers and crimino...
The paper argues that the sentences imposed on 31 May 2107 by the Central Criminal Court in the comm...