U4 Anti-Corruption Resource Centre

This Anti-Corruption Helpdesk brief was produced in response to a query from a U4 Partner Agency. The U4 Helpdesk is operated by Transparency International in collaboration with the U4 Anti-Corruption Resource Centre based at the Chr. Michelsen Institute.

Query

Please provide an overview of the use and effectiveness of custodial sentences for private individuals who have been found guilty of collusion and other cartel activity, with a focus on European Union countries.

Countries are increasingly imposing custodial sentences on individuals for collusion and cartel activities, including when committed within public procurement processes. Their crimes result in a vast loss of public funds, an increase in prices for consumers and a reduction in private sector innovation and efficiency. While there is a debate in the literature as to the effectiveness of custodial sanctions, many argue they can act as a greater deterrent against collusion and cartel activities than fines alone.

Contents

  1. Background
  2. Custodial sentences for collusion
  3. The effectiveness of custodial sentences
  4. References

Authors

Caitlin Maslen (TI)

Reviewers

Jamie Bergin (TI)

Sofie Arjon Schuette (U4)

Date

15/10/2024

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