Selected Publications

Research Interests

  • Cartel criminalisation

  • Parental liability for antitrust violations

  • Competition law enforcement

  • Objectives of competition law

  • Anti-competitive agreements

  • International cooperation on competition law

  • Human rights and competition law

  • Settlements

  • Fines 

  • Leniency policies 

  • Individual sanctions

  • Modernisation of competition law

  • White collar crime

  • General criminal law issues

Full List of Publications

Books (Monographs)

  • Parental Liability in EU Competition Law (Oxford University Press: Oxford, forthcoming)

  • The Criminalisation of European Cartel Enforcement: Theoretical, Legal and Practical Challenges (Oxford University Press: Oxford, 2014)

 

Books (Edited Collections)
 

  • The Consistent Application of EU Competition Law - Substantive and Procedural Challenges, Almășan and Whelan (eds), (Springer, 2017)

  • Current Competition Law V, Marsden, Hutchings and Whelan (eds), (London: BIICL, 2007)

Chapters

  • 'Competition Law and Criminal Justice', Chapter,The Intersections of Antitrust, Galloway (ed.), (Oxford University Press, 2018, forthcoming)

  • 'European Cartel Criminalisation and Regulation 1/2003: Avoiding Potential Problems', Chapter 6, The Consistent Application of EU Competition Law - Substantive and Procedural Challenges, Almășan and Whelan (eds), (Springer, 2017)

  • 'Criminal Antitrust Enforcement and Procedural Fairness: A Critical Analysis', Chapter in The Procedural Aspects of the Application of Competition Law, Nagi (ed.), (Europa Law Publishing, 2016)

  • 'Criminal Cartel Enforcement in the European Union: Avoiding a Human Rights Trade-Off', Chapter 10, Criminalising Cartels: Critical Studies of an International Regulatory Movement, Beaton-Wells & Ezrachi (eds), (Hart Publishing: Oxford, 2011)

  • 'Protecting Human Rights in the Context of European Antitrust Criminalisation', Chapter 9, The Reform of EC Competition Law: Towards an Optimal Enforcement System, Lianos & Kokorris (eds), (Kluwer International: Amsterdam, 2010)

  • 'The "Consumer Welfare" Standard as a Form of Substantive Protection for Consumers under European Competition Law', Chapter 16, Own Labels, Branded Goods and Competition Policy: The Changing Landscape of Retail Competition, Bernitz & Ezrachi (eds), (Oxford University Press: Oxford, 2009), with P Marsden

                                  

Articles (Sole Author)

  • 'Beyond the Theoretical: Articulating Enforcement Strategies for Successful European Antitrust Criminalization' (2016) 81(1) Antitrust Law Journal 235

  • ‘Section 47 of the Enterprise and Regulatory Reform Act 2013: A Flawed Reform of the UK Cartel Offence’ (2015) 78(3) Modern Law Review 493

  • ‘Cartel Criminalization and the Challenge of Moral Wrongfulness’ (2013) 33(3) Oxford Journal of Legal Studies 535

  • ‘Cartel Criminalisation and Due Process: The Challenge of Imposing Criminal Sanctions Alongside Administrative Sanctions within the EU’ (2013) 64(2) Northern Ireland Legal Quarterly 143

  • ‘Strengthening Competition Law Enforcement in Ireland: The Competition (Amendment) Act 2012' (2013) 4(2) Journal of European Competition Law and Practice 175

  • ‘Legal Certainty and Cartel Criminalisation within the EU Member States' (2012) 71(3) Cambridge Law Journal 677

  • ‘Improving Criminal Cartel Enforcement in the UK: The Case for the Adoption of BIS’s “Option 4”’ (2012) 8(3) European Competition Journal 589

  • ‘An Argument in Favour of the Passing-On Defence: A Response to Private Actions in Competition Law: A Consultation on Options for Reform’ [2012] Competition Law Journal 211

  • ‘Trading Negotiations between Retailers and Suppliers: A Fertile Ground for Anti-Competitive Horizontal Information Exchange?’ (2009) 5(3) European Competition Journal 823

  • ‘Morality and Its Restraining Influence on European Antitrust Criminalisation’ (2009) 12 Trinity College Law Review 40

  • ‘Contemplating the Future: Personal Criminal Sanctions for Infringements of EC Competition Law’ (2008) 19(2) King's Law Journal 364

  • ‘A Principled Argument for Personal Criminal Sanctions as Punishment under EC Cartel Law’ (2007) 4(1) Competition Law Review 7

  • ‘The Role of Third Parties in the Competition Enforcement Landscape: A Critical Review’ [2007] Competition Law Journal 41

 

Articles (Co-Author)

 

  • ‘Selective Distribution in the Age of Online Retail’ (2010) 31(1) European Competition Law Review 36, with P Marsden

  • ‘Re-Examining Trans-Atlantic Divergences in Substantive and Procedural Competition Law’ (2009) 10 Sedona Conference Journal 23, with P Marsden

  • ‘Intervention and the Internal Market: Contemporary European Competition Initiatives Concerning Distribution in the Market for New Cars’ (2008) 4(2) European Competition Journal 485, with P Marsden

  • ‘“Consumer Detriment” and its Application in EC and UK Competition Law’ (2006) 27(10) European Competition Law Review 569, with P Marsden

  • ‘Consumer Interest in Competition Law Cases’ (2006) 16(5) Consumer Policy Review 180, with M Hutchings OBE

 

Case Notes

 

  • ‘The CISAC Judgment: How Difficult It Is To Prove a Concerted Practice’ (2013) 4(6) Journal of European Competition Law and Practice 486

  • ‘Resisting the Long Arm of Criminal Antitrust Laws: Norris v. US’ (2009) 72(2) Modern Law Review 272

  • ‘The Degussa Case’ (2008) 7(8) Competition Law Insight 13

  • 'Private Enforcement and Commission Decisions: The Crehan Case' (2007) 3 Cambridge Student Law Review 108

 

Legal Features

 

  • 'Article 7 ECHR and the Cartel Offence' (Summer 2012) 23 CCP Research Bulletin 2

  • 'Foreword to Special Edition: Criminal Sanctions - An Overview of EU and National Case Law', January 2012, e-Competitions, No.41902

  • 'Something of a Burden: Is the Passing-On Defence Appropriate?' (2008) 7(9) Competition Law Insight 5

  • 'When Markets are Failing: Part II' (2007) 6(2) Competition Law Insight 6, with P Marsden

  • 'When Markets are Failing: Part I' (2007) 6(1) Competition Law Insight 6, with P Marsden

  • 'Competition Law Feature: Recent Developments Concerning the Rights of Complainants and Third Parties under both UK and EC Competition Law' [2006] 14 Bulletin of Legal Developments 157

 

Book Reviews

 

  • ‘Book Review: Sanctions in EU Competition Law (Frese)’ (2015) 11(3) European Competition Journal 637

  • ‘Book Review: EU Competition Law Handbook (van der Woude et al)’ (2015) 36(9) European Competition Law Review 409

  • ‘Book Review: The Criminal Law of Competition in the UK and in the US (Furse)’ (2013) 9(2) European Competition Journal 497

  • 'Book Review: Efficiency and Justice in European Antitrust Enforcement (Wils)' (2009) 34(1) European Law Review 160

  • 'Book Review: What About Law? (Barnard, O'Sullivan & Virgo, eds)' (2008) 4(2) Cambridge Student Law Review 337

  • 'Book Review: The Antitrust Religion (Rockefeller)' (2008) 4(1) European Competition Journal 397

  • 'Book Review: Global Competition Law and Economics (Elhauge & Geradin, eds)' (2008) 66(1) Cambridge Law Journal 211

  • 'Book Review: Butterworths Competition Law Handbook (Lindrup, ed.)' (2008) 4(1) Cambridge Student Law Review 141

  • 'Book Review: Criminalization of Competition Law Enforcement: Economic and Legal Implications for the EU Member States (Cseres, Schinkel & Vogelaar, eds)' (2006) 2 European Competition Journal 451

 

Conference Papers

 

  • ‘Ensuring the Effectiveness of Competition Policy: A Case Study of Cartel Criminalisation’, paper presented at the 10th Annual Conference on Competition Law, Economics and Policy, Cape Town, South Africa, 6 October 2017  

  • 'The Appropriateness of the Passing-On Defence in Private Competition Law Enforcement', paper presented at the UKAEL Conference: 'Competition and Private Enforcement: The Next Steps', University College London, 4 July 2008 

  • 'The Concept of Price Discrimination under EC and UK Law', paper presented to the American Bar Association (ABA), Antitrust Teleseminar Series, 27 February 2006, with P Marsden

  • 'The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between Canada and Chile' (London: CEPR, 2005), paper presented at the Centre for Economic Policy Research (CEPR) Conference, Brussels and Paris, April and October 2005, with P Marsden

  • 'The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between Canada and Costa Rica' (London: CEPR, 2005), paper presented at the Centre for Economic Policy Research (CEPR) Conference, Brussels and Paris, April and October 2005, with P Marsden

  • 'The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between the EU and Mexico' (London: CEPR, 2005), paper presented at the Centre for Economic Policy Research (CEPR) Conference, Brussels and Paris, April and October 2005, with P Marsden

 

Legal Submissions

 

  • 'Report Examining the Desirability of Introducing Criminal Sanctions for Cartel Activity', Submitted to the Finnish Competition and Consumer Authority, 30 April 2014

  • 'Submission to the Commerce Committee of the New Zealand Parliament on the Commerce (Cartels and Other Matters) Amendment Bill', 5 September 2012

  • 'Response to Private Actions in Competition Law: A Consultation on Options for Reform', Submission to the (UK) Department for Business, Innovation and Skills, June 2012

  • ‘Reforming the UK Cartel Offence: A Response to A Competition Regime for Growth: A Consultation on Options for Reform’, Submission to the (UK) Department for Business, Innovation and Skills, June 2011

  • 'Reform of Regulation 1/2003: Correcting the Current Lack of Effective Communication: The Competition Law Forum's Submission to the European Commission in relation to its Consultation on Regulation 1/2003', 30 September 2008, with the CLF Working Group on Regulation 1/2003

  • 'To What Extent Are Criminal Sanctions for Infringement of Articles 81 and 82 EC Necessary or Appropriate and Is There a Case and Basis for Criminalisation of Articles 81 and 82 at an EC Level?', 2007 Horsfall Turner Essay Competition, The Law Society's European Group, October 2007

  • 'The Competition Law Forum's Submission to the European Commission in Response to its Green Paper on Damages Actions for Breach of the EC Antitrust Rules', 21 April 2006, with the CLF Working Group on Private Actions, republished in Current Competition Law: Volume V, Marsden, Hutchings and Whelan (eds), (London: BIICL, 2007)

 

Theses

 

  • ‘The Criminalisation of European Antitrust Enforcement: Theoretical and Legal Challenges’, PhD Thesis, University of Cambridge, December 2010

  • 'Globalisation and Antitrust: The Case for Increased Cooperation and Convergence in the Face of Excessive Extraterritorial Jurisdiction', Master of Laws Thesis, Trinity College Dublin, September 2003

© 2018 Professor Peter Whelan

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