Why cartel participation leads to financial statement fraud and market abuse

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Názov: Why cartel participation leads to financial statement fraud and market abuse
Autori: Huric Larsen, Jesper
Zdroj: European Competition Journal. 21(1):125-139
Predmety: Cartels, financial statement fraud, market abuse, Economics, Nationalekonomi, Rättsvetenskap, Law
Popis: In an attempt to hide from the competition authorities colluding firms risk committing financial statement fraud and market abuse. When colluding managers set the conditions for their cartel, the resulting increase in profitability and ability to pay outstanding debt enables the firms to attract more investors and access larger loans at a lower interest rate. The natural reluctance to disclose the firm’s cartel participation creates financial reports with misleading content, increases the likelihood of insider dealing and the ability to attract more funds diverts needed capital from otherwise more eligible firms, and endangers the financial markets' integrity and efficient functioning. The conclusion is that firms and individuals involved in cartel offenses should be investigated for financial statement fraud and market abuse. However, when persons may be subject to criminal sanctions it will decrease the attractiveness for individuals to use the leniency framework.
Popis súboru: electronic
Prístupová URL adresa: https://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-101157
https://doi.org/10.1080/17441056.2024.2379141
Databáza: SwePub
Popis
Abstrakt:In an attempt to hide from the competition authorities colluding firms risk committing financial statement fraud and market abuse. When colluding managers set the conditions for their cartel, the resulting increase in profitability and ability to pay outstanding debt enables the firms to attract more investors and access larger loans at a lower interest rate. The natural reluctance to disclose the firm’s cartel participation creates financial reports with misleading content, increases the likelihood of insider dealing and the ability to attract more funds diverts needed capital from otherwise more eligible firms, and endangers the financial markets' integrity and efficient functioning. The conclusion is that firms and individuals involved in cartel offenses should be investigated for financial statement fraud and market abuse. However, when persons may be subject to criminal sanctions it will decrease the attractiveness for individuals to use the leniency framework.
ISSN:17441056
17578396
DOI:10.1080/17441056.2024.2379141