It is a well-known feature of antitrust (or competition) law in
the United States that violations carry criminal penalties, which
are borne by individuals directly involved in anti-competitive
conduct. Senior executives and employees of corporations who have
facilitated serious anti-competitive agreements often face lengthy
jail sentences and/or substantial personal fines in the US. The US
aspects of the on-going global investigations into price fixing in
automotive components have, for example, resulted in four Japanese
nationals – executives of Yazaki – being sentenced by
US courts to prison sentences ranging from 15 months to two
years.10
Until relatively recently, however, competition laws elsewhere
in the world did not carry criminal penalties. Under EU competition
law, which has been in place for over 50 years, businesses that
engage in anti-competitive agreements or conduct can face
substantial (administrative) fines, but individuals are not fined,
let alone
