NCJ Number
64024
Journal
ARCHIR FUER KRIMINOLOGIE Volume: 162 Issue: 1 - 2 Dated: (JULY/AUGUST 1978) Pages: 43-56
Date Published
1978
Length
14 pages
Annotation
A BRIEF HISTORICAL SURVEY OF CARTELS, THIS ARTICLE INCLUDES INFORMATION ON LAWS GOVERNING CARTELS AND ON CASES OF ANTITRUST VIOLATIONS, PARTICULARLY IN WEST GERMANY.
Abstract
CARTELS HAVE BECOME INCREASINGLY NECESSARY IN TODAY'S INTERNATIONAL WORLD, BUT THEIR INHERENT DANGEROUSNESS HAS BECOME APPARENT. THESE CARTELS ENDANGER FREE ENTERPRISE. THEY ARE BECOMING POWERFUL ENOUGH TO EVADE THE STRICT REGULATIONS IMPOSED BY GOVERNMENTS TO AVOID MONOPOLIZATION. FOR INSTANCE, THE U.S. ANTITRUST CASE, AND WESTINGHOUSE V. THE U.S, A VERY CONSCIOUS EFFORT WAS MADE BY THE TWO COMPANIES TO ELIMINATE FREE ENTERPRISE. WESTERN EUROPE AND EAST GERMANY HAVE WITNESSED THIS PROBLEM ON A SMALLER SCALE. UNFORTUNATELY, IT APPEARS THAT THE GOVERNMENT IS OFTEN INEFFECTIVE IN CONTROLLING THIS PROBLEM, AS SHOWN IN U.S. V. IBM. ALTHOUGH IBM WAS ACCUSED OF HAVING MONOPOLIZED THE COMPUTER MARKET, NO SATISFACTORY LEGAL ACTION COULD BE TAKEN. ANTITRUST VIOLATIONS ARE FORMS OF WHITE-COLLAR CRIME AND, LIKE OTHER KINDS OF CRIME, CONSTITUTE A VIOLATION OF THE LEGAL PRINCIPLES WITHOUT WHICH SOCIETY CANNOT FUNCTION. THEREFORE, AS THE COMMITTEE OF EXPERTS ON WHITE-COLLAR CRIME DEMANDED IN 1975, ANTITRUST CRIMES MUST BE PROSECUTED AS CRIMINAL. CASE LAW IS CITED AND REFERENCES ARE PROVIDED. --IN GERMAN. (GFC)