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Leniency Inflation, Cartel Damages, And Criminalization, Catarina Marvao, Giancarlo Spagnolo
Leniency Inflation, Cartel Damages, And Criminalization, Catarina Marvao, Giancarlo Spagnolo
Articles
We revisit the pros and cons of introducing cartel criminalization in the EU. We document the recent EU “leniency inflation”, whereby leniency has been increasingly awarded to many (or all) cartel members, which softens the “courthouse race” effect. Coupled with the insufficient protection of leniency applicants from damages (2014 Damages Directive), it may have led to a decrease in leniency applications and cartel convictions. Given the current level of fines, criminalization may have to be introduced. We then explore US criminal sanctions (1990–2015) to highlight potential areas of concern for EU policymakers, of which recidivism appears to be a significant …
Constructing The ‘Public Interest’: (De)Legitimizing The Acquisition Of Aer Lingus By Iag, Joseph K. Fitzgerald
Constructing The ‘Public Interest’: (De)Legitimizing The Acquisition Of Aer Lingus By Iag, Joseph K. Fitzgerald
Articles
This article assesses how the ‘Public Interest’ was used to (de)legitimize the acquisition of a national airline. It does this by adopting a case study approach that analyses the acquisition of Aer Lingus by International Consolidated Airlines Group (IAG). This acquisition is part of a broader trend of international consolidation that the aviation industry has experienced in recent years. The article also critiques whether the ‘Public Interest’ was constructed on valid grounds. Its analysis found that the public interest was constructed as the continuance of routes between Irish airports and London Heathrow as a means for Ireland to maintain international …