Abstract

Due to the gradually spreading modern trends of the development of white-collar crimes in the field of business crime and – closely related to it – the criminalisation of the most serious antitrust violations (hardcore cartels), EU and the Member States' cartel policies seem to have reached a significant turning-point: it is to be decided quite soon whether the criminal prosecution and sanctioning of cartels in a general and unified manner is the way of the future for effective antitrust enforcement, or the current situation with mixed systems combining both administrative and criminal elements should further prevail. This article discusses the most fundamental advantages and difficulties of developing a generally criminalised cartel enforcement system, and raises some possible legislative alternatives for future development, with a special view to the development of the Hungarian regime.

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