SEP-11(2)

In this issue: Cartel detection is a must for competition practitioners to understand. Our comprehensive issue, organized by guest editor Rosa Abrantes-Metz, starts by reviewing the features of international cartels detected over the last decades. We then discuss leniency programs, emphasizing suggestions for their improvements using a variety of detection tools, followed by a discussion […]

Anti-cartel Enforcement in Brazil: Lessons From the Recent Past and an Exercise to Look Forward

Jose C M Berardo, Barbara Rosenberg, Sep 28, 2011 During the last decade Brazil, as well as few other Latin American countries, have taken great steps to improve the enforcement of their Competition Laws, and cartel prosecution should surely be counted as one of the most relevant improvements so far. Especially in Brazil, the numbers […]

Cartel Detection and Duration Worldwide

John M. Connor, Sep 28, 2011 In the old days-before price-fixing became illegal nearly everywhere-cartels operated in the public sphere. In some cases, the formation of a new cartel would be trumpeted to the business press because after a disastrous decline in prices, the market needed to be “stabilized.” Sometimes these saviors of industries would […]

Enhancing International Cartel Enforcement: Some Modest Suggestions

Donald Klawiter, Sep 28, 2011 International cartel enforcement is the centerpiece of the antitrust world today and is certainly a subject of concern and anxiety for corporate boards and executives throughout the world. While it seems that this very powerful enforcement program has long dominated antitrust practice, it has been active and effective for less […]

How To Catch A Thief — Corporate Leniency And The Irrepressible Challenge Of Cartel Detection; Finding A Better Way

Rick Dumas-Eymard, Gordon Schnell, Sep 27, 2011 Perhaps it can be traced back to 1879, when Eugen Richter, a member of the German Parliament, stood in the Reichstag and, borrowing from the vocabulary of war, denounced as a “cartel” an open and notorious arrangement among rail, truck, and locomotive producers to charge their domestic customers […]

Detection and Compliance in Cartel Policy

Daniel Sokol, Sep 28, 2011 In the past few years, companies around the world have spent an increasing amount of resources addressing issues broadly classified as compliance. In the area of bribery there has been significant enforcement with strong financial and behavioral penalties under the U.S. Foreign Corrupt Practices Act (“FCPA”). The United Kingdom has […]

The Adoption of Screening Tools by Competition Authorities

ICNKai Huschelrath, Ulrich Laitenberger, Sep 28, 2011 These days, the fight against hard-core cartels is ranked high on the agenda of many competition authorities around the world. The recent efforts of, e.g., the European Commission, are not only reflected in policy reforms such as new fining guidelines and the introduction of leniency programs but have […]

Design and Implementation of Screens and Their Use by Defendants

Rosa Abrantes-Metz, Sep 28, 2011 Over the last few years, economic analysis in general, and empirical screens in particular, have become increasingly important in cases of conspiracies and manipulations, a trend detailed for example in Abrantes-Metz & Bajari (2009, 2010), Hüschelrath (2010), and Laitenberger & Hüschelrath (2011). Competition authorities and other agencies worldwide have begun […]