European Competition Law Annual 2008 de Claus-Dieter Ehlermann

European Competition Law Annual 2008: Antitrust Settlements under EC Competition Law: European Competition Law Annual

Claus-Dieter Ehlermann

Mel Marquis

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.

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Notă biografică

Claus-Dieter Ehlermann is Senior Counsel with Wilmer Cutler Pickering Hale & Dorr LLP in Brussels, former Professor of EC Law at the European University Institute in Florence, and former Director General in both the Competition Directorate and Legal Service of the European Commission.Mel Marquis teaches competition law and European Community law at the University of Verona. He also teaches regularly as a guest instructor at universities in Italy and elsewhere. He is an editor on the board of Mercato Concorrenza Regole and he has practiced as an attorney in the United States and Belgium.

Cuprins

INTRODUCTION - CARTEL SETTLEMENTS AND COMMITMENT DECISIONS Mel MarquisSESSION ONE: PRINCIPLES AND OBJECTIVES OF ANTITRUST SETTLEMENTS PANEL I BROAD OVERVIEW: LEGAL, ECONOMIC AND POLITICAL SCIENCE PERSPECTIVESDiscussion Written contributionsI 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 CartelCases 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 PROFESSIONDiscussion Written contributionsI 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 theDefendants 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 InformalSettlements 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 UNIONDiscussion Written contributionsI 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 Criminaland Civil Proceedings: A Canadian Perspective III Kirtikumar Mehta and María Luisa Tierno Centella, EU Settlement Procedure: Public EnforcementPerspective PANEL IV FRANCE, GERMANY, THE NETHERLANDS AND THE UNITED KINGDOMDiscussion Written contributionsI 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 inProgress SESSION THREE: COMMITMENT DECISIONS PANEL VSETTLEMENTS UNDER ARTICLE 9 OF REGULATION 1/2003Discussion Written contributionsI Heike Schweitzer, Commitment Decisions under Article 9 of Regulation 1/2003: The DevelopingEC 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 DiscussionPART TWO: POLICY CONSEQUENCES FOR PRIVATE ENFORCEMENT DiscussionPART THREE: OVERALL CONCLUSIONS Written contributionsI 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 ofSettlements 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 DamagesActions: 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

Recenzii

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.