Has the Dust Settled for Cartel Settlements?

Has the Dust Settled for Cartel Settlements?

By Marieke Datema & Chris Bryant – This article examines some of the issues that have arisen in relation to the European Commission’s settlement procedure and how settlement cases are handled. The authors consider the complex issues that arise for both the settling and non-settling parties in “hybrid” cases. The article addresses the Commission’s considerable discretion in relation to the initiation and continuation of settlement […]

Price Signaling: Deciphering the Shipping Forecast

Price Signaling: Deciphering the Shipping Forecast

By Lilly Fiedler & Nicholas Frey – This article discusses the state of the law and the increased regulatory interest in price signaling. The authors consider the recent proposed “soft resolution” of alleged price signaling conduct in relation to container shipping at the EU level and the conclusions that can be drawn from recent price signaling investigations by the German Federal Cartel Office and […]

The Yates Memorandum’s Impact of U.S. Cartel Enforcement: Evolution or Revolution?

The Yates Memorandum’s Impact of U.S. Cartel Enforcement: Evolution or Revolution?

By Robert E. Bloch, Kelly B. Kramer & Stephen M. Medlock – This paper suggests that the Yates Memorandum marks a significant change in the DOJ’s approach to investigating and prosecuting individuals. More than a decade ago, DOJ’s Antitrust Division instituted a policy of seeking to prosecute the highestranking responsible executives for cartel behavior. Many of the changes that the Yates Memorandum requires were […]

Antitrust Private Damages Actions in the United States, Canada and the European Union

Antitrust Private Damages Actions in the United States, Canada and the European Union

By Pierre Crémieux, Marissa Ginn & Marc Van Audenrode – This article compares and contrasts the well-established system of private action that prevails in the United States to those established by the recent trilogy of decisions by the Canadian Supreme Court that reshaped the Canadian landscape for antitrust private actions and the framework delineated by the European Directive on rules governing private actions for antitrust […]

Nearly 16 Years of the Leniency Program in Brazil: Breakthroughs and Challenges in Cartel Prosecution

Nearly 16 Years of the Leniency Program in Brazil: Breakthroughs and Challenges in Cartel Prosecution

By Amanda Athayde Linhares Martins & Andressa Lin Fidelis –  Since 2003, the prosecution of hardcore cartels has been a top priority in Brazil. The Leniency Program in Brazil has been one of the most important investigative tools for detecting collusive conduct among competitors. The Leniency Program has exhibited some breakthroughs achieved in terms of the amount of new leniency agreements signed, the […]

The Airlines Industry, Concentration and Allegations of Collusion

The Airlines Industry, Concentration and Allegations of Collusion

By Paula W. Render – In 1978, when Congress deregulated the airline industry, there were 10 airlines that provided scheduled national and international service, and those 10 accounted for 90 percent of the domestic marketplace. Today, there are four major airlines and a few smaller ones providing comparable service, and the four major airlines provide 80 percent of U.S. domestic flights. This consolidation […]

Cracks in the Finish: Affirming Fundamental Rights in the Cement Cartel Case

Cracks in the Finish: Affirming Fundamental Rights in the Cement Cartel Case

By Kyle Le Croy –  This paper summarizes the recent judgment of Court of Justice of the European Union in the Cement Cartel case. The Court affirmed that certain fundamental protections that apply in the context of Commission dawn raids also apply in the context of Commission requests for information. The author suggests that the judgment is an important marker for companies subject […]

Recent Financial Sector Conspiracies and Manipulations: How to Prevent Future Similar Conduct?

Recent Financial Sector Conspiracies and Manipulations: How to Prevent Future Similar Conduct?

By Rosa M. Abrantes-Metz – While investigations into Treasury auctions, FX, ISDAfix, and others are still ongoing, and more recently additional focus by regulators has been given to possible collusion and manipulation in bid-ask spreads in bonds for supranational, sub-sovereigns and agencies bonds markets, bid-ask spreads in foreign exchange, and maybe even other spreads manipulations in other markets, we should learn the lessons from […]

Antitrust Chronicle – Cartels & Concerted Practices: From A to Z

Antitrust Chronicle – Cartels & Concerted Practices: From A to Z

This month, the Antitrust Chronicle brings you a special edition on Cartels & Concerted Practices, from A to Z. Articles in this months AC feature discussions on issues related to hybrid settlement cases in the European Union, price signaling, private damages in different jurisdictions and the impact, so far, of the Yates Memorandum on the […]