Frequently Asked Questions about the Antitrust Divisions Leniency Program and Model Leniency Letters

Frequently Asked Questions about the Antitrust Divisions Leniency Program and Model Leniency Letters PDF

Author: Department of Department of Justice

Publisher: Createspace Independent Publishing Platform

Published: 2017-01-17

Total Pages: 32

ISBN-13: 9781542722957

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The Antitrust Division's Leniency Program allows corporations and individuals involved in antitrust crimes to self-report and avoid criminal convictions and resulting fines and incarceration. The first corporate or individual conspirator to confess participation in an antitrust crime, fully cooperate with the Division, and meet all other conditions that the Corporate Leniency Policy or the Leniency Policy for Individuals specifies receives leniency for the reported antitrust crime.

Leniency in EU Competition Law

Leniency in EU Competition Law PDF

Author: Ingrid Margrethe Halvorsen Barlund

Publisher: Kluwer Law International B.V.

Published: 2020-06-18

Total Pages: 426

ISBN-13: 9403517255

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Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction between the Commission’s Leniency Notice and public and private enforcement, the author fully explains such aspects of the subject as the following: who is eligible for leniency; liability of an immunity recipient; the EU fining system; disclosure of leniency evidence; scope of public authorities reaching out to cartel infringers; the immunity recipient and follow-on damages claimants; the immunity recipient and subsequent leniency applicants; effect of the Damages Directive; and the European Economic Area dimension. The author offers cogent suggestions about how the shortcomings of the Commission’s leniency offer can be ameliorated and which regulatory steps should be taken to give the policy greater leverage. The author calls for increased harmonisation at national level in the EU and compares leniency practice in US antitrust law. As a comprehensive analysis of the practical application of current policy and procedure in EU cartel enforcement, the book clearly shows the ways in which the scope of leniency is manifest in the interaction between public and private enforcement, evaluating which interaction is most effective. Its practical character will be recognised and welcomed by competition law practitioners and policymakers, who will strengthen their grasp of leniency procedure and clearly discern implications for competition infringement cases.

Leniency in Asian Competition Law

Leniency in Asian Competition Law PDF

Author: Steven Van Uytsel

Publisher: Cambridge University Press

Published: 2022-09-22

Total Pages: 485

ISBN-13: 100915270X

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The first empirical analysis of leniency programmes implemented in Asian countries to enforce the anti-cartel provisions of their competition law.

Anti-Cartel Enforcement in a Contemporary Age

Anti-Cartel Enforcement in a Contemporary Age PDF

Author: Caron Beaton-Wells

Publisher: Bloomsbury Publishing

Published: 2015-09-24

Total Pages: 425

ISBN-13: 1782259414

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Leniency policies are seen as a revolution in contemporary anti-cartel law enforcement. Unique to competition law, these policies are regarded as essential to detecting, punishing and deterring business collusion – conduct that subverts competition at national and global levels. Featuring contributions from leading scholars, practitioners and enforcers from around the world, this book probes the almost universal adoption and zealous defence of leniency policies by many competition authorities and others. It charts the origins of and impetuses for the leniency movement, captures key insights from academic research and practical experience relating to the operation and effectiveness of leniency policies and examines leniency from the perspectives of corporate and individual applicants, advisers and authorities. The book also explores debates surrounding the intersections between leniency and other crucial elements of the enforcement system such as compensation, compliance and criminalisation. The rich critical analysis in the book draws on the disciplines of law, regulation, economics and criminology. It makes a substantial and distinctive contribution to the literature on a topic that is highly significant to a wide range of actors in the field of competition law and business regulation generally. From the Foreword by Professor Frédéric Jenny ' ... fundamental questions are raised and thoroughly discussed in this book which is undoubtedly the most comprehensive scholarly work on leniency policies produced so far ... [the] book should be required reading for all seeking to acquire a deeper insight into the issues related to leniency policy. It is a priceless contribution ... '

Private Enforcement of Antitrust Law in the United States

Private Enforcement of Antitrust Law in the United States PDF

Author: Albert A. Foer

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 425

ISBN-13: 0857939602

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Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.

Cartels and Anti-Competitive Agreements

Cartels and Anti-Competitive Agreements PDF

Author: Sandra Marco Colino

Publisher: Routledge

Published: 2017-03-02

Total Pages: 530

ISBN-13: 135195329X

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Antitrust is fast becoming a ’trending topic’, with over 120 countries having already adopted some form of competition legislation. This volume brings together carefully selected articles which reflect the evolution and progression of the regulation of joint conduct under competition law on both sides of the Atlantic, and which discuss principles of fundamental importance for antitrust law. The articles focus on various kinds of joint conduct between companies which might bear negative effects on competition, in particular on horizontal cartels and collusion between competitors. Attention is also paid to the debate surrounding the most adequate approach for vertical agreements, which take place between firms operating at different levels of production. Their effects on competition have traditionally been one of the most disputed issues in modern antitrust, and tend to divide the principal schools of thought that have influenced the evolution of competition policy around the world. The articles look primarily at two of the most established antitrust jurisdictions, namely the United States and the European Union. They discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.

Criminal Cartel Enforcement: Stakeholder Views on Impact of 2004 Antitrust Reform are Mixed, but Support Whistleblower Protection

Criminal Cartel Enforcement: Stakeholder Views on Impact of 2004 Antitrust Reform are Mixed, but Support Whistleblower Protection PDF

Author: Eileen R. Larence

Publisher: DIANE Publishing

Published: 2011

Total Pages: 76

ISBN-13: 1437989306

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Criminal cartel activity, such as competitors conspiring to set prices, can harm consumers and the U.S. economy through lack of competition and overcharges. The Dept. of Justice (DoJ) leniency program offers the possibility that the first individual or co. that self-reports cartel activity will avoid criminal conviction and penalties. The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) encourages such reporting. This report addresses: (1) the extent that ACPERA affected DoJ¿s criminal cartel enforcement; (2) the ways ACPERA has affected private civil actions; and (3) key stakeholder perspectives on rewards and anti-retaliatory protection for whistleblowers reporting antitrust violations. Illus. This is a print on demand report.

Antitrust and Associations Handbook

Antitrust and Associations Handbook PDF

Author:

Publisher: American Bar Association

Published: 2009

Total Pages: 286

ISBN-13: 9781604423921

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Significant segments of American business and professions are represented by trade and professional associations. Associations are setting product standards, certifying the expertise of professionals, and actively opposing or promoting new legislative and regulatory initiatives. But association activities raise potential antitrust risks and their exposure to antitrust challenge has increased proportionately. This Handbook helps association counsel and executives help to understand the antitrust issues associated with association activities and minimize their risk.

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