Rethinking sanctions for breaching EU competition law: is director disqualification the answer?

Khan, Aaron 2012. Rethinking sanctions for breaching EU competition law: is director disqualification the answer? World Competition 35 (1) , pp. 77-102.

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Abstract

This article seeks to contribute to the debate surrounding how to reform the EU's system of antitrust sanctions by arguing the case for the introduction of director disqualification orders, such as those currently used in the UK. Through an analysis of corporate governance theory, it will be established that there is a real need for individualized sanctions to target those who are truly responsible for the implementation of anticompetitive conduct. Directors are particularly influential in this regard, as they are often responsible for instigating an infringement or could have prevented it from taking place. After considering various political, cultural, and legal factors, it will be contended that criminalization of competition law is not, at the current stage of development, the appropriate step forward. Instead, a system of disqualification would be a more proportionate and workable solution that would combat the underlying causes of competition law breaches and have a significant deterrent effect. A specific proposal for a decentralized model of implementation is made, which would alleviate many Member State's concerns over national procedural autonomy.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Publisher:	Kluwer Law International
ISSN:	1011-4548
Related URLs:	Publisher
Last Modified:	13 Oct 2016 03:06
URI:	https://orca.cardiff.ac.uk/id/eprint/49429

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