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.