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Harding, Christopher --- "The relationship between EU criminal law and competition law" [2016] ELECD 499; in Mitsilegas, Valsamis; Bergström, Maria; Konstadinides, Theodore (eds), "Research Handbook on EU Criminal Law" (Edward Elgar Publishing, 2016) 249

Book Title: Research Handbook on EU Criminal Law

Editor(s): Mitsilegas, Valsamis; Bergström, Maria; Konstadinides, Theodore

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783473304

Section: Chapter 12

Section Title: The relationship between EU criminal law and competition law

Author(s): Harding, Christopher

Number of pages: 23

Abstract/Description:

The link between EU criminal law and the EU regulation of competition is a potentially significant but still largely unexplored matter, in both theoretical and practical terms. In formal terms, there is no cross-reference between the two, and no obvious linkage. But closer acquaintance with the subject raises the question of how, first, the burgeoning development of national criminal law for purposes of enforcing some areas of competition law and policy and, secondly, the highly significant and original EU own-enforcement of its competition rules, which has developed some clearly repressive and penal features without a formal label of criminal law, fit with emergent EU criminal law. The discussion here first of all explores the relevance and use of the methods and concepts of criminal law in competition governance, especially in the European context, and then returns to this matter of the present and possible future relationship between EU criminal law and the competition regime.