Publication details
Pár amatérských úvah o subsidiaritě a komplementaritě sankcí
| Title in English | Several lay considerations on subsidiarity and complementarity of sanctions |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Proceedings |
| Conference | Trestní právo v pohybu |
| MU Faculty or unit | |
| Citation | |
| Keywords | cartel agreement; criminal act; administrative law responsibility of corporations; leniency programme |
| Attached files | |
| Description | The article deals with uncertain legal delineation of the criminal act of so called hard –core horizontal cartel agreements distorting competition. Practical problems connected therewith are commented, such as unclear definition of the offender, who has the power to open the proceeding and/or criminal prosecution, what is the relation to the leniency program of the Antitrust Authority. Due to these obstacles and to the ne-bis-in-idem-principle the probabilty of stand-alone applying of criminal law regulation of cartels is assessed as rather low. Some contradictory tendencies that do not always comply with the principle of subsidiarity of criminal law are commented. The need of subsidiarity is emphasized not only in terms of applying existing laws but in a very cautious and moderate criminal law legislation, too. |