Deterrence and Detection of Cartels: Using all the Tools and Sanctions

Abstract

The United States applies a diverse array of tools and sanctions to deter and detect cartels. Because cartel activity is treated as a serious crime, a formidable array of criminal investigative tools is available, and convicted individuals are imprisoned. Private damages actions also yield substantial recoveries. The many tools and sanctions support each other in various ways, making each significant. But the claim that private damages actions provide the most important deterrent to cartels in the United States ignores the enormous assistance provided by criminal enforcement, misses much that is critical in deterring cartels, and mistakenly assigns credit for detecting cartels.