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Antitrust law paper by Professor Farmer selected for republication


UNIVERSITY PARK, Pa. – A paper by Penn State Law professor Susan Beth Farmer has been selected by The College for Criminal Law Science (CCLS) of Beijing Normal University for republication in its academic anthology being published to commemorate the college’s 10th anniversary.

The paper, “Real Crime: Criminal Competition Law,” was originally published in December 2013 in the European Competition Journal. It investigates the theoretical basis for criminalizing anticompetitive behavior that violates national antitrust laws.

“Though many scholars justify criminal antitrust sanctions solely on theories of utilitarian deterrence, I argue that retributivist justifications are relevant to whether or not individuals and corporations should be subject to conviction for these white collar crimes,” Farmer writes in the paper’s abstract. “The paper also compares relative levels of corporate fines in jurisdictions where criminal prosecution is available and those where the sanctions are limited to civil remedies, reviews the policy positions of non-governmental organizations including the OECD and ICN, and finally, the raises the challenges of counseling and obtaining leniency in multi-jurisdictional investigations that have differing sanctions.”

The paper will be published in both English and Chinese leading up to the CCLS anniversary in August. CCLS was founded in 2005 to promote the further development of criminal law science in China.

Farmer, McQuaide Blasko Faculty Scholar and professor of law and international affairs at Penn State Law, specializes in U.S. and foreign antitrust and trade regulation law, issues of federalism, and comparative competition policy. Before entering academia, she was an antitrust law enforcement attorney with the New York State Office of the Attorney General and counsel with the National Association of Attorneys General in Washington, D.C.

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