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Are Director Disqualification Orders for Cartel Conduct Fit for Purpose?

Kilpailuoikeudellinen vuosikirja 2015 s. 173–187
14.6.2021
Asiantuntija-artikkeli

This paper addresses the benefits and drawbacks of using director disqualification orders (DDOs) in the context of anti-cartel enforcement. In 2015 a Finnish task force was instructed to consider the introduction of personal disqualification. Previously a Finnish report acknowledged that the availability of DDOs could benefit deterrence. However the report ended up not proposing the introduction of DDOs in relation to competition law violations due to the challenges involved in the supervision and identification of the responsible individuals – it was argued that the introduction of DDOs in the context of competition law would require further inquiry. This article ponders whether DDOs present a feasible alternative to criminal penalties. (Edilex-toimitus)

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• Iso-Britannia - Johtaminen - Kartellit - Rikosvastuun kohdentaminen - Ruotsi