International Antitrust Cartel Handbook


Book Description

Cartel issues arise in a variety of settings and industries and increasingly without regard to jurisdictional boundaries. Many jurisdictions have granted their competition authorities broad jurisdictional reach and provided them with aggressive investigative tools, such as wiretap authority and compulsory process. There is also a burgeoning movement to criminalize cartel activity in places where it has previously been regarded as wholly or principally a civil or administrative matter. And the global proliferation of leniency programs continues to radically destabilize cartels, creating powerful incentives for institutions to turn against their co-conspirators.This first edition of the International Antitrust Cartel Handbook is a vital reference for both new and experienced antitrust practitioners navigating the increasingly complex global cartel enforcement environment. It brings together leading cartel practitioners from around the world to address the critical issues that arise throughout the lifecycle of a cartel investigation and prosecution. The Handbook provides both breadth of coverage and analytical depth suitable for a wide range of practitioners, including everyone from those who may find themselves on the front line of a government inquiry or internal investigation; to those awaiting their day in court to contest a criminal indictment; to those simply preparing to counsel a client on the basic "dos and don'ts" of engaging with competitors.







The Oxford Handbook of International Antitrust Economics


Book Description

More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.




Criminalization of Competition Law Enforcement


Book Description

This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law.




Competition Law of the European Union


Book Description

This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.




Regulating Cartels in Europe


Book Description

One of the most contentious and high-profile aspects of EU competition law and policy has been the regulation of those serious competition or antitrust violations now often referred to as 'hard core cartels'. Such cartel activity typically involves large and powerful corporate producers and traders operating across Europe and beyond, and comprise practices such as price fixing, bid rigging, market sharing, and limiting production in order to ensure 'market stability' and maintain and increase profits. There is little disagreement now, in terms of competition theory and policy at both international and national levels, regarding the damaging effect of such trading practices on public and consumer interests, and such cartels have been subject to increasing condemnation in the legal process of regulating and protecting competition. Regulating Cartels in Europe provides critical evaluation of the way in which European-level regulation has evolved to deal with the activities of such anti-competitive business cartels. They trace the historical development of cartel regulation in Europe, comparing the more pragmatic and empirical approached favored in Europe with the more dogmatic and uncompromising American policy on cartels. In particular, the work considers critically the move towards the use of fully fledged criminal proceedings in this area of legal control, examining evolving aspects of enforcement policy such as the use of leniency programs and the deployment of a range of criminal law and other sanctions. This new edition of the work covers emerging themes and arguments in the discipline, including the judicial review of decisions against cartels, the criminological and legal basis of the criminalization of cartel conduct, and the range and effectiveness of sanctions used in response to cartel activity.




International Antitrust Cooperation Handbook


Book Description

This book focuses on the increasingly important topic of cooperation among the world's antitrust authorities and helps U.S. and foreign antitrust counsel navigate through the maze of international cooperation agreements regularly used.




The Oxford Handbook of International Antitrust Economics, Volume 2


Book Description

More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.




Antitrust Law


Book Description




How Cartels Endure and how They Fail


Book Description

Why do some cartels fail and others succeed? This question has intrigued economists for a hundred years, and they have created an extensive body of theory to help explain cartel behaviour. This book looks at the experience of actual cartels and challenges their portrayal as found in the existing literature. The eleven chapters by leading researchers of industrial organization study real examples of industrial collusion. The authors investigate the formation, behaviour, activity and purpose of cartels, and illustrate the intricacies of collusive relationships. In the process they question the existing economic theory surrounding the operation of cartels, which in practice do not always adhere to the textbook models or to complex game theoretic rules. Although much economic research suggests that cartels are doomed to failure, the authors find that there are many examples of industries where cartels have succeeded in controlling prices and output over a prolonged period of time. The book is a groundbreaking attempt to study empirically a range of cartels throughout the world, providing both historical and contemporary examples of collusion to enrich the arguments. This book is written for academics, policymakers, lawyers and economists working in the fields of industrial organization and competition policy.