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European Competition Law Annual 2008

Antitrust Settlements under EC Competition Law

Editor(s): Claus-Dieter Ehlermann, Mel Marquis
Media of European Competition Law Annual 2008
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Published: 02-01-2010
Format: PDF eBook (?)
Edition: 1st
Extent: 781
ISBN: 9781847315601
Imprint: Hart Publishing
Series: European Competition Law Annual
RRP: £194.40
Online price : £174.96
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About European Competition Law Annual 2008

This is the thirteenth in a series on EU Competition Law and Policy produced under the auspices of the Robert Schuman Centre of the European University Institute in Florence. The volume contains the written contributions of numerous competition policy experts, together with the transcripts of a roundtable debate which examined the subject of "settlements" between enforcers of competition law and defendant companies in cartel cases and in other types of antitrust cases. The Workshop participants included:

-- senior judges from major jurisdictions (the European Union, Germany and the United States);

-- senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and the US Federal Trade Commission; and

-- renowned international international academics, legal practitioners and professional economists.

In an intense, intimate environment, this group of experts debated a number of legal and economic issues pertaining to two broad lines of discussion:

1) settlements and plea agreements in cartel cases, including their links with leniency programs and with private enforcement; and

2) settlements in "commitment" cases decided under Article 9 of Regulation 1/2003 and under comparable procedures of national law.

Table Of Contents

INTRODUCTION – CARTEL SETTLEMENTS AND COMMITMENT DECISIONS
Mel Marquis
SESSION ONE: PRINCIPLES AND OBJECTIVES OF ANTITRUST SETTLEMENTS
PANEL I
BROAD OVERVIEW: LEGAL, ECONOMIC AND POLITICAL SCIENCE PERSPECTIVES
Discussion
Written contributions
I Wouter Wils, The Use of Settlements in Public Antitrust Enforcement: Objectives and Principles
II Andreas Reindl, The Legal Framework Governing Negotiated Settlements/Plea Agreements in Cartel
Cases in the United States
III Aurora Ascione and Massimo Motta, Settlements in Cartel Cases
IV Daniel Rubinfeld, Settlements in Antitrust Enforcement: A U.S. Economic Perspective
V Stephen Wilks, A Political Science Approach: Restorative Justice and the "Fairness Critique"
PANEL II
A CLOSER LOOK FROM THE PERSPECTIVE OF ENFORCERS, DEFENDANTS, POTENTIAL PLAINTIFFS, THE COURTS AND THE LEGAL PROFESSION
Discussion
Written contributions
I Bruno Lasserre and Fabien Zivy, A Principled Approach to Settlements: A Few Open Issues
II Ann O'Brien, Cartel Settlements in the U.S. and EU: Similarities, Differences and Remaining Questions
III Mario Siragusa and Erika Guerri, Antitrust Settlements under EC Competition Law: The Point of View of the
Defendants
IV Shepard Goldfein and Thomas Pak, Negotiated Antitrust Settlements: Some Perspectives from U.S. Defendants
V Michael Hausfeld, Brian Ratner and Scott Campbell, Principles and Objectives of Formal and Informal
Settlements in EU Competition Cases: The Claimant's Perspective
VI Albrecht Bach, Negotiated Antitrust Settlements: Some Perspectives from the Point of View of (Potential)
Plaintiffs
VII John Cooke, Negotiated Settlements under EC Competition Law: A Judicial Perspective
VIII Diane Wood, Antitrust Settlements in the United States
IX John Ratliff, Negotiated Settlements in EC Competition Law: The Perspective of the Legal Profession
X John Taladay, Implications of International Cartel Settlements for Private Rights of Action
SESSION TWO: SETTLEMENTS IN CARTEL CASES. PRACTICAL EXPERIENCES IN MAJOR JURISDICTIONS
PANEL III
THE UNITED STATES, CANADA, AND THE EUROPEAN UNION
Discussion
Written contributions
I William Kovacic, Plea Bargaining and the Enforcement of Competition Law Against Cartels in the United States
II Calvin Goldman, Rob Kwinter, Navin Joneja and Evangelia Litsa Kriaris, Cartel Settlements in Criminal
and Civil Proceedings: A Canadian Perspective
III Kirtikumar Mehta and María Luisa Tierno Centella, EU Settlement Procedure: Public Enforcement
Perspective
PANEL IV
FRANCE, GERMANY, THE NETHERLANDS AND THE UNITED KINGDOM
Discussion
Written contributions
I Bruno Lasserre and Fabien Zivy, A Principled Approach to Settlements: a few open issues1
II Eric Morgan de Rivery, The French "Non-Contest Procedure": A Practitioner's Point of View
III Jochen Burrichter, Settlements in Cartel Cases: Practical Experience in Germany
IV Pieter Kalbfleisch, The Dutch Experience with Plea Bargaining/Direct Settlements
V Onno Brouwer, Antitrust Settlements in the Netherlands: A Useful Source of Inspiration?
VI Ali Nikpay and Deirdre Waters, The Emerging Settlements Regime in the UK: The Use of "Settlements"
in Competition Act Cases
VII Lynda Martin Alegi and Grant Murray, Settling an Appropriate Policy: Reflections on OFT Work in
Progress
SESSION THREE: COMMITMENT DECISIONS
PANEL V
SETTLEMENTS UNDER ARTICLE 9 OF REGULATION 1/2003
Discussion
Written contributions
I Heike Schweitzer, Commitment Decisions under Article 9 of Regulation 1/2003: The Developing
EC Practice and Case Law
II Santiago Martínez Lage and Rafael Allendesalazar, Commitment Decisions ex Regulation 1/2003:
Procedure and Effects
SESSION FOUR: LESSONS TO BE DRAWN
PANEL VI
PART ONE: POLICY CONSEQUENCES FOR PUBLIC ENFORCEMENT
Discussion
PART TWO: POLICY CONSEQUENCES FOR PRIVATE ENFORCEMENT
Discussion
PART THREE: OVERALL CONCLUSIONS
Written contributions
I Kirtikumar Mehta and María Luisa Tierno Centella, EU Settlement Procedure: Public Enforcement Perspective2
II Ian Forrester, Creating New Rules? Or Closing Easy Cases? Policy Consequences for Public Enforcement of
Settlements under Article 9 of Regulation 1/2003
III Kirsten Edwards and Jorge Padilla, Antitrust Settlements in the EU: Private Incentives and Enforcement Policy
IV Kris Dekeyser, Rainer Becker and Daniele Calisti, Impact of Public Enforcement on Antitrust Damages
Actions: Some Likely Effects of Settlements and Commitments on Private Actions for Damages
V Lorenzo Coppi and Robert Levinson, The Interaction between Settlements and Private Litigation-
An Economic Perspective

Reviews

“The annual volumes and the papers have had substantial influence and are a wonderful source of the contrasting views on the actual legislation that followed.

This perceptive, detailed, and properly edited tool for reforming policy was warmly praised by Judge Cook when he still served in the Court of First Instance. This is the thirteenth annual volume: two more workshops have been held. Long may it continue to guide both those framing policy and those advising on the legislation when enacted.

” –  Valentine Korah, World Competition, Volume 33, Issue 2

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