Abstract
Scientists are quick to admonish lawyers that anecdotal evidence may suggest avenues for investigation, but that it is little more. Conscious of this admonition, I suggest that (1) the American cartel enforcement experience is successful, and (2) its success is attributable to the criminalisation of the offence. This view is shared by others and was important in the decisions by both Ireland and the United Kingdom to criminalise competition offences. Moreover, the American experience underlay proposals elsewhere to adopt similar legislation. After briefly reviewing deterrence generally and the current American model, this article discusses the implementation of a criminal enforcement regime in Ireland.
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