Faculty of Education, Social Sciences and Law

School of Law

Contact Details

Dr Peter Whelan's Publications


  • Whelan PM, The Criminalization of European Antitrust Enforcement: Theoretical, Legal, and Practical Challenges (Oxford: Oxford University Press, 2014)

  • Current Competition Law V, ed. by Marsden P, Hutchings M and Whelan PM (London: BIICL, 2007)

Journal articles

  • Whelan PM, ‘Section 47 of the Enterprise and Regulatory Reform Act 2013: A Flawed Reform of the UK Cartel Offence’, Modern Law Review, 78.3 (2015), 493-521
    DOI: 10.1111/1468-2230.12125

    On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) entered into force, ensuring significant changes to the criminal UK Cartel Offence. That particular criminal offence, contained in section 188 of the Enterprise Act 2002, was enacted in order to secure the deterrence of cartel activity affecting the UK. Following almost ten years of its enforcement, the Cartel Offence had failed to live up to its expectations. Consequently, following a public consultation it was reformed in substance. As a result of section 47 ERRA, the (controversial) definitional element of ‘dishonesty’ has been removed from the offence, a number of ‘carve outs’ from the offence have been created, and three additional defences now exist. This article examines in detail the specific reforms of the Cartel Offence and argues that, although considerable improvement has been made, the UK authorities currently have at their disposal a criminal offence that is fundamentally flawed and unworkable in practice. Further reform is therefore advised.

  • Whelan PM, ‘Legal Certainty and Cartel Criminalisation within the EU Member States’, Cambridge Law Journal, 71.3 (2013)

  • Whelan PM, ‘Book Review: The Criminal Law of Competition in the UK and in the US (Furse)’, European Competition Journal, 9.2 (2013), 497

  • Whelan P, ‘Cartel criminalization and the challenge of 'moral wrongfulness’, Oxford Journal of Legal Studies, 33.3 (2013), 535-561
    DOI: 10.1093/ojls/gqt010

    There is considerable debate at present, particularly in the Member States of the European Union, concerning the necessity and appropriateness of imposing custodial sentences upon individuals who have engaged in cartel activity. The vast majority of those contributing to this debate have focused on the punishment theory of (economic) deterrence. Little room is devoted to the punishment theory of retribution or to consideration of the 'moral wrongfulness' of cartel activity. This article posits that the issue of 'moral wrongfulness' is a central issue in the debate on cartel criminalization, irrespective of whether it is deterrence theory or retribution theory that informs the debate. By employing a norms-based approach, this article then examines the extent to which cartel activity can indeed be interpreted as conduct that is 'morally wrong' due to its violation of the moral norms against stealing, deception and/or cheating. By doing so, this article not only challenges traditional views of the nature of cartel activity but also provides scholars, legislatures and policymakers with specific analyses which are crucial to a decision whether to justify (or indeed to oppose) the introduction and maintenance of criminal cartel sanctions. © The Author 2013. Published by Oxford University Press. All rights reserved.

  • Whelan PM, ‘Cartel Criminalisation and Due Process: The Challenge of Imposing Criminal Sanctions Alongside Administrative Sanctions within the EU’, Northern Ireland Legal Quarterly, 64.2 (2013), 143

  • Whelan PM, ‘Strengthening Competition Law Enforcement in Ireland: The Competition (Amendment) Act 2012’, Journal of European Competition Law & Practice, 71.3 (2013), 677

  • Whelan PM, ‘The CISAC Judgment: How Difficult It Is To Prove a Concerted Practice’, Journal of European Competition Law & Practice, 4.6 (2013), 486

  • Whelan PM, ‘Improving Criminal Cartel Enforcement in the UK: The Case for the Adoption of BIS's 'Opinion 4’, European Competition Journal, 8.3 (2012), 589

  • Whelan PM, ‘Criminal Sanctions - An Overview of EU and National Case Law’, e-Competitions 2012

  • Whelan PM, ‘An Argument in Favour of the Passing-On Defence: A Response to Private Actions in Competition Law: A Consultation on Options for Reform’, Competition Law Journal 2012, 211

  • Whelan PM, Marsden P, ‘Selective Distribution in the Age of Online Retail’, 31.1 (2010), 36

  • Whelan PM, Marsden P, ‘Re-Examining Trans-Atlantic Divergences in Substantive and Procedural Competition Law’, Sedona Conference Journal, 10 (2009), 23

  • Whelan PM, ‘Trading Negotiations between Retailers and Suppliers: A Fertile Ground for Anti-Competitive Horizontal Information Exchange?’, European Competition Journal, 5.3 (2009), 823

  • Whelan PM, ‘Resisting the Long Arm of Criminal Antitrust Laws: Norris v. US’, Modern Law Review, 72.2 (2009), 272

  • Whelan PM, ‘Something of a Burden: Is the Passing-On Defence Appropriate?’, Competition Law Insight, 7.9 (2008), 5

  • Whelan PM, Marsden P, ‘Intervention and the Internal Market: Contemporary European Competition Initiatives Concerning Distribution in the Market for New Cars’, European Competition Journal, 4.2 (2008), 485

  • Whelan PM, ‘The Degussa Case’, Competition Law Insight, 7.8 (2008), 13

  • Whelan PM, ‘Contemplating the Future: Personal Criminal Sanctions for Infringements of EC Competition Law’, King's Law Journal, 19.2 (2008), 364

  • Whelan PM, ‘A Principled Argument for Personal Criminal Sanctions as Punishment under EC Cartel Law’, Competition Law Review, 4.1 (2007), 7

  • Whelan PM, Marsden P, ‘When Markets are Failing: Part I’, Competition Law Insight, 6.1 (2007), 6

  • Whelan PM, ‘Private Enforcement and Commission Decisions: The Crehan Case’, Cambridge Student Law Review, 3 (2007), 108

  • Whelan PM, Marsden P, ‘When Markets Are Failing: Part II’, Competition Law Insight, 6.2 (2007), 6-6

  • Whelan PM, ‘Morality and Its Restraining Influence on European Antitrust Criminalisation’, Trinity College Law Review, 12 (2007), 40

  • Whelan PM, Marsden P, ‘Consumer Detriment' and its Application in EC and UK Competition Law’, 27.10 (2006), 569

  • Whelan PM, ‘Consumer Interest in Competition Law Cases’, Consumer Policy Review, 16.5 (2006), 180


  • Whelan PM, ‘Criminal Antitrust Enforcement and Procedural Fairness: A Critical Analysis’, in The Procedural Aspects of the Application of Competition Law, ed. by Nagy, C (Europa Law Publishing, 2016)

  • Whelan PM, ‘Criminal Cartel Enforcement in the European Union: Avoiding a Human Rights Trade-Off’, in Criminalising Cartels: Critical Studies of an International Regulatory Movement, ed. by Beaton-Wells C and Ezrachi A (Oxford: Hart Publishing, 2011)

  • Whelan PM, ‘Protecting Human Rights in the Context of European Antitrust Criminalisation’, in The Reform of EC Competition Law: Towards an Optimal Enforcement System, ed. by Lianos I and Kokorris I (Amsterdam: Kluwer International, 2010)

  • Whelan PM, Marsden P, ‘The "Consumer Welfare" Standard as a Form of Substantive Protection for Consumers under European Competition Law’, in Own Brands, Branded Goods and Competition Policy: The Changing Landscape of Retail Competition, ed. by Bernitz U and Ezrachi A (Oxford: Oxford University Press, 2009)

Conference papers

  • Whelan PM, Marsden P, ‘The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation between the EU and Mexico’ Centre for Economic Policy Research (CEPR) Conference, Brussels, 01/04/2005

  • Whelan PM, ‘The Contribution Of Bilateral Trade Or Competition Agreements to Competition Law Enforcement Cooperation Between Canada And Costa Rica’ Centre for Economic Policy Research (CEPR) Conference, Brussels, 01/04/2005

  • Whelan PM, Marsden P, ‘The Contribution of Bilateral Trade or Competition Agreements to Competition Law Enforcement Cooperation Between Canada and Chile’ Centre for Economic Policy Research (CEPR) Conference, Brussels, 01/04/2005

Conference presentations

  • Whelan PM, Marsden P, ‘The Concept of Price Discrimination under EC and UK Law’ American Bar Association (ABA), Antitrust Teleseminar Series, 27/02/2006


  • Whelan PM, Reforming the UK Cartel Offence: A Response to A Competition Regime for Growth: A Consultation on Options for Reform, ([n.pub.], 2011)

  • Whelan PM, Marsden P, Murphy F, Liberatore F, Reform of Regulation 1/2003: Correcting the Current Lack of Effective Communication: The Competition Law Forum's Submission to the European Commission in relation to its Consultation on Regulation 1/2003, ([n.pub.], 2008)

© Copyright Leeds 2016

17:44:11 GMT -->