Controlling the Menace of Cartelization in Pakistan: Criminalization is a Way Forward

Abstract

The criminal penalties for cartels have helped many jurisdictions around the globe to make
rigorous detections into anti-trust violations controlling this menace effectively. The criminal
punishments have certain admitted benefits over the civil fines for such violations. The deterrence
achieved through criminal sanctions enables the leniency/amnesty programs run successfully. This
study, through qualitative content analysis, aims at describing the significance of criminalizing
cartels in Pakistan with an overview of the ineffectiveness of existing anti-cartel law in the country.
It encompasses the core advantages of adding parallel liabilities i.e. criminal penalties along with
civil liabilities for better detection of cartels and the subsequent punishments of all concerned. The
writers have described the tools for curbing anti-trust violations through adding parallel liabilities
for them in the country. The research concludes that the existing anti-cartel regime (based on civil
remedies) in Pakistan is inadequate to curb it down and it is high time to criminalizing cartels in
Pakistan. Holding the cartelists criminally liable along with effectuating recovery of fines with
effective use of leniency program and settlement procedures is the only way forward for Pakistan.