Why do countries with criminal antitrust sanctions fail to incarcerate price fixers?

The article examines why many jurisdictions that have criminalized cartel conduct and authorized custodial sentences have rarely imposed prison terms on offending cartelists. It identifies multiple factors contributing to this outcome, including statutory impediments (such as unclear or burdensome legal standards), suboptimal case selection, case mismanagement, separation between investigative and prosecutorial authorities, judicial reluctance to incarcerate white-collar offenders, and limited public support for harsh penalties. The article reviews enforcement experiences in several countries—such as Australia, Brazil, Canada, Germany, Ireland, Israel, the United Kingdom, and the United States—highlighting variations in legal frameworks, prosecutorial practices, and sentencing outcomes. It concludes that while the record of incarceration is generally weak outside a few jurisdictions (notably the U.S. and Israel), many of the identified problems are addressable through legal reform, improved case management, institutional coordination, and enhanced judicial and public engagement.