Fighting Cartels and Corporate Corruption - Public versus Private Enforcement Models

Abstract

Our ambition is to examine the legal responses to cartel wrongdoing, drawing insights and parallels with new and emerging models of corporate responsibility applied to deal with other white-collar crimes. Our article traces how traditional legal binaries — public versus private law, and criminal versus civil law — are being increasingly challenged by legal hybridity, and the emergence of a range of new regulatory tools that meld together a wide range of purposes including prevention, deterrence, retribution, incapacitation, restorative justice, restitution and compensation.