As the articles in this special edition demonstrate, criminal antitrust enforcement has been in the news increasingly in recent years. Many of the articles in this special edition concern the prosecution of “hardcore” cartels, the “supreme evil of antitrust.” Other articles discuss anti-cartel reforms across the world. Still others concern new frontiers for criminal enforcement, including monopolistic conduct and cartel conduct in labor markets. Readers will profit from this special edition on a variety of fronts.
We cannot survey all these developments in a brief foreword. Instead, we first provide a global overview of criminal sanctions for cartelists and make the case for enhanced accountability through prison sentences and personal fines. We then examine the possibility, recently raised by the U.S. Department of Justice, of criminally prosecuting unilateral monopolistic conduct.