We’re looking at a pretty basic question in this issue—Has the definition of a cartel expanded so that a wider variety of antitrust violations are being brought as cartel violations? Our guest editor, Rein Wesseling, introduces the discussion with an indication that the answer may be an uncomfortable “yes.” Our contributors carry the argument forward […]

Green Light For Indirect Purchaser Claims in Canada

Mark Katz, Chantelle Spagnola, Dec 17, 2013 On October 31, 2013, the Supreme Court of Canada issued a trilogy of decisions holding that indirect purchasers (such as consumers and retailers) are entitled to assert claims for damages and restitution in class actions relying upon alleged competition law offenses. The SCC also set a relatively low […]

Antitrust and Financial Benchmark Litigation: The LIBOR, Foreign Exchange, and Platts Cases

Richard Taffet, Michael Whitlock, Dec 17, 2013 In the aftermath of the 2008 financial crisis, government investigations into how global financial benchmarks are set and influenced by market participants spawned dozens of class action and individual lawsuits. Plaintiffs have alleged that the benchmarks have been manipulated to benefit the banks and other market participants which […]

Ballooning Definition of Cartel and Information Exchange in Korea

Cecil Saehoon Chung, Seung Hyuck Han, Sung Bom Park, Dec 17, 2013 In recent years, antitrust enforcement agencies around the globe have enjoyed more efficient and effective cartel enforcement in no small part thanks to the burgeoning use of leniency programs by cartel members who fear that other cartel members will confess their violations faster […]

Is the Definition of a Cartel Ballooning?

Rein Wesseling, Dec 17, 2013 The media tend to refer to gangs that produce and distribute drugs as “cartels.” Of course these are not cartels as we, as antitrust lawyers, traditionally use the concept. In fact “drug cartels” seem to operate as businesses in the various regular forms we know: conglomerates, cooperatives, or “one-product firms.” […]

Cartels: Confusing Covert and Ancillary

Howard Morse, Dec 17, 2013 The leadership at the U.S. Department of Justice—during Democratic and Republican Administrations alike—has actively encouraged competition law enforcers around the world to prosecute cartels, and to increase the penalties imposed on cartels, while encouraging leniency for cartel members that report cartels to officials. Over the last 20 years, antitrust enforcement […]

Cartels Horizontality: Assuming the Obvious

Omar Guerrero Rodriquez, Alan Ramirez Casazza, Dec 17, 2013 There is international consensus in regards to considering hard-core cartels as the most serious violation in competition law. There is also agreement on their basic definition: “[A] cartel is an agreement among competitors to restrict competition amongst themselves.” It seems close to impossible that a dispute […]