Contents

List of Tables
List of Figures
Preface
A Note on Reading the Text
An Alphabet Glossary
Glossary of Explonatory and Analytical Concepts and metaphors

PART I THEORY AND METHOD: PROBING THE PATHOLOGY AND MYTHOLOGY OF BUSINESS COLLUSION

1 Orientation
The emergence of the subject and the field of study
Ownership of the subject: The province of discussion determined
The epistemology of cartel discourse
Critical theme: A pathology and mythology of antitrust collusion
Probing the mystery of the cartelist mind: Cartel narratives and the biographical method

2 The Phenomenon of Cartelisation
Ontology and phenomenology
Ontology: The exislence, identity and definition of cárteis
Phenomenology: The experience of cartelisation
Agency: The puzzle of individual and organisational interaction
Shifting identity: That obscure object of regulation
Appendix One: One Phenomenon but Different Narratives

3 The Normative Basis of Regulation and Sanctions:
Pathology and Mythology Revisited
Competition governance: The changing context
Normative escalation: lllegality to a criminal standard
The enforcernent imperative and deterrence argument as a driver of legal control
Sanction accumulation: The multiplication of victims and jurisdictions
Cartel delinquency: Probing the outlaw status of the cartelist
Searching for theoretical order: Offences of conduct and offences of outcome
Appendix One: Accumulation of Sanctions Relating to the Marine Hose Cartel
Appendix Two: Cartel Quotations - Look Out Towers on the
Subject (A Narrative of Comment)

PART II NARRATIVES AND ANALYSIS: TALES OF ANTI-CARTEL ENFORCEMENT AS CRIMINOLOGICAL TESTING

4 Data and Method: Historical Narrative and Analysis
Information, sources and interpretation Sources
The selection and presentation of information: A biographical dilemma
The problern with anecdotal evidence
The use of biography and vignette in the present context
How to read the biographies: The agenda for narration
Appendix One: Contesting Accounts of the Sarne Subject
Appendix Two: The Cartel Cinema

5 Cartel Biographies: Six Narratives of Cartel Prehistory, Lifetime and After-Life
The Soda Ash Cartel: Cartel heritage and long-terrn litigation
The Marine Hose Cartel: Global business and global legal action
The Pre-lnsulated Pipes Cartel: The cartel adventures of the dancing giant
The Lysine (amino acid) Cartel: The American Mid-West intrudes upon the Asian market
The Art House Auctions Cartel: A maverick and elite conspiracy
The LCD Panels Cartel: A Far Eastern conspiracy in Western courts

6 Measuring lmpact: Conceptual and Methodological Problems
First thoughts
A lirnited exercise
The period of time
Awareness and dissuasion
Agency
Actor sensitivity
Cartel recidivism or repeat offendíng
Market diversion
Enforcement gaming
A summary on method

7 Desistance, Recalcitrance and Cartelist After-Life
Discrete changes and dysfunctional corporate cultures Desistance and recalcitrance
Longer-term change in corporate culture and practice: Disappearing delinquents
Longer-term change: All in the past, but the song remains the same
Longer-term change: Crime followed by suicide, aka cartel-bust followed by merger
The individual as the target of sanctions: Facing the inferno,or business as usual?
An enforcement minefield
Appendix One: Cartel Cosying' in Different Economic Sectors

8 Tales of Cultural Diversity - How to deal with the Dancing Giants?
Lincoin County Road or Arrnageddon?
Cultural diversity
Enforcement proclivities: What is the sheriff's preference?
The cornplexities of corporate agency
Models of compliance

Postscript
Bibliography
Name Index
Subject Index