Compared to other regulations under which penalties are imposed, the law on cartel fines is only poorly developed in terms of legal provisions. The essential question is therefore how courts deal with this regulatory gap. After a detailed presentation of the basic principles of cartel law, the General Part in European and Austrian cartel law is prepared. The aspects of intent and negligence, participation, attempt, omission, grounds of justification and excuse and mistakes of law are dealt with. Within the framework of this analysis, the existing case-law and related publications are presented and are subject to a critical evaluation. On this basis, selected questions on the compatibility of the General Part with fundamental guarantees in criminal law are examined in more detail. Lastly, the book reflects on the general conditions necessary for the imposition of penalties in cartel law and how they could be formulated.
For the last 4 years, after completing her law studies, Dr Raphaela Bauer worked as a teaching and research assistant with Univ.-Prof. Dr Robert Kert at the Institute for Austrian and European Economic Criminal Law of the Vienna University of Economics and Business. At the end of 2019, she was awarded the "Award of Excellence", the state prize of the Federal Ministry of Education, Science and Research.
Since April 1, 2020, she has now been supporting the criminal law team led by attorney Dr Norbert Wess, thus continuing a tradition whereby a large number of assistants join the wkklaw team after many years of assistant work at criminal law faculties.
You can order the book "The General Part of the cartel fine law" here.