The Cartels guide provides expert legal commentary on key issues for businesses. The guide covers the important developments in the most significant jurisdictions.
Last Updated March 07, 2018
International cartel enforcement continues to thrive throughout the world. It is a growth industry. Fines are growing tremendously; jail time, where individual violators can go to jail, is increasing significantly; and civil settlements are getting more and more expensive. The cost of being caught co-operating with competitors on prices, bids, customers or markets just keeps increasing and increasing; and in this environment, businesses operating in today’s global market face increasingly complex regulatory schemes. Regardless of their size, small companies and large multinationals who talk with their competitors about sensitive subjects are confronted by a tangled web of local, national, and supranational laws and regulations. In few areas is this web more complicated than in the area of cartel enforcement, especially when multiple jurisdictions are investigating the same cartel conduct. New regulations and laws, emerging enforcement regimes, changing leadership and shifting priorities often conspire to make navigating this web a daunting task. Given the growth and successful effect of leniency programmes around the world, it is more and more imperative that companies and their employees know and understand the applicable cartel rules wherever they do business.
It is our expectation that the Guide will facilitate the ability of competition law practitioners and inside company counsel throughout the world quickly to grasp the essence of the cartel law picture in a host of jurisdictions where their clients do business. The laws of 20 countries, both mature in and new to the world of cartel enforcement, are covered. The Guide will provide the most up-to-date information relating to key topics of relevance to how to advise clients and to help them avoid getting into serious cartel trouble. But if it is the case that their clients are already in trouble, the Guide should facilitate the ability of practitioners to help their clients quickly and efficiently, whether working on the investigation/matter from inside the company, or with other, expert outside counsel.
The first section of the Guide is focused on the legislative framework in each jurisdiction. It will cover the legal basis for condemning cartel behaviour as well as the scope of the law, covered conduct, limitation periods, exemptions (if any), geographical reach and comity issues.
The second section of the Guide covers the important subject of how evidence is collected in each jurisdiction, including the standard of proof needed, investigative powers, surprise raids, seizure of evidence, legal privilege issues, interviews of company employees, requests for information, self-incrimination issues and obtaining evidence from companies outside of the jurisdiction. It will also cover leniency programmes, including such subjects as eligibility, immunity from fines, markers, reduction of fines and amnesty plus. It will further focus on process, and on corporate oral statements; and it will speak to the disclosure of evidence in private damages' actions, investigative powers, leniency and international co-operation between enforcement agencies in multiple jurisdictions.
The ensuing sections of the Guide delve into the critically important subjects of enforcement and defence options regarding settlements or plea bargaining, available sanctions/fines and the criteria for these, parent-company joint and several liability, and fines and sanctions against company employees. On the private action side, they also deal with who can be a claimant, and the subjects of collective redress, indirect purchasers and what damages are available. Finally, they deal with the subject of judicial review, including the appeal process and extent of review.
For anyone interested in the subject of cartel enforcement, the Guide’s value is immeasurable.