Cartels have been described as the most serious violation of antitrust law, and their existence adversely affects national and international trade figures. Most cartels fall into one of two categories: either a price-fixing cartel or a market-sharing cartel. This paper seeks to explore the theoretical links between cartel conduct and corporate psychopathy. Careful note is made that diagnosis is not attempted in this work. Instead, Hare’s (1994) identification of common symptoms arising in psychopathic individuals is used to explore how some of these symptoms appear to be displayed by individuals found guilty of cartel conduct. Excerpts taken from the analysis of 69 cartel-related court outcomes and decisions are used to highlight the similarities between the symptoms of psychopathy and the illegal behaviour demonstrated within cartel arrangements. The results show that there appear to be some links between cartel conduct and corporate psychopathy. It is therefore suggested that collaborative work be undertaken between a cartel specialist and a forensic psychologist to explore and measure the possible statistical correlation between the occurrence of cartel conduct and the incidence of clinically-verifiable assessment and diagnosis of psychopathy.
|Keywords:||Cartel Conduct, Corporate Psychopathy, Content Analysis, White Collar Crime|
PhD Scholar, School of Education & Community Studies, University of Canberra, Canberra, ACT, Australia
Associate Professor, School of Education and Community Studies, University of Canberra, Canberra, ACT, Australia
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