On the Alleged Disproportionate Sentencing of Cartel Managers

CPI Cartel Column by John M. Connor (Professor Emeritus, Purdue University)

Introduction

In a recent Commentary, four experienced antitrust attorneys opine that U.S. imprisonment-sentencing practices are unjustly severe and disproportionate (see Kapoor et al. 2016). In particular they charge that “… Japanese businesspeople have … received harsher treatment compared to other perpetrators of similar or worse misconduct…” (ibid.). Kapoor et al. infer sentencing discrimination from anecdotal evidence drawn from a large, sprawling global cartel, Auto Parts (see Connor 2012). Auto Parts

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