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 |  December 21, 2015

In this issue:

Our first March issue, managed by Senior Editor, Stephen Kinsella, focuses on the European Commission’s Oral Hearings procedure. Although relatively common–in practice oral hearings are requested in about 75 percent of all cases for which a statement of objections have been issued–there is confusion about what they are (and aren’t), what they may accomplish, and what improvements should be made to maximize their value. To clear up some of this confusion and encourage further discussion, we’ve assembled a varied group of contributors, including current and past Hearing Officers, media, and firms’ counsel and advisors.

And our special interest section takes a look whether materials produced pursuant to one foreign sovereign’s confidential investigations or proceedings will later be subject to civil discovery in the United States.


Oral Hearings

Michael Albers, Karen Williams, Mar 16, 2010

Oral Hearings”Neither a Trial nor a State of Play Meeting

A hearing is neither a trial nor a state of play meeting. A hearing is a hearing. It functions as a check and balance within the administrative procedure before the authority takes a final decision on a case. Michael Albers & Karen Williams, European Commission

Stephen Kinsella, Mar 16, 2010

Is It a Hearing If Nobody is Listening?

I would like to initially focus on one improvement that I have long believed would deal, at a stroke, with many of the deficiencies of the hearing process. My suggestion would be that it should be possible, even if not imposed on every occasion, for the oral hearing to be public. Stephen Kinsella, Sidley Austin

David Lawsky, Peter-Carlo Lehrell, Mar 16, 2010

Oral Hearings”Making the Case Come Alive

Just like trials, hearing presentations are a form of competitive theater. They are the opportunity to bring your case alive, adding a dimension that cannot be portrayed in written documents .alone. Peter-Carlo Lehrell & David Lawsky, FIPRA Int’l

Robert McLeod, Mar 16, 2010

Strengthening Due Process and Public Advocacy: Why the EC Should Open its Oral Hearings to the Press

The introduction of meaningful transparency into the oral hearing system will lead to an immediate improvement in the process. At the same time, the amount of disinformation disseminated through off-record briefings can be substantially curtailed. Robert McLeod, MLex

James Modrall, Ruchit Patel, Mar 16, 2010

Oral Hearings and the Best Practices Guidelines

This article examines whether the Guidelines satisfactorily address the most common criticisms on the Oral Hearing. James Modrall & Ruchit Patel, Cleary Gottlieb

Ulrich Soltész, Mar 16, 2010

What (Not) to Expect From the Oral Hearing

By putting great emphasis on the oral hearing, the new Best Practices package seems to suggest that, in the Commission’s view, the hearing should be one of the cornerstones of due process in a cartel investigation. Ulrich Soltész, Gleiss Lutz

Of Special Interest

Samuel Miller, Kristina Nordlander, James Owens, Mar 16, 2010

U.S. Discovery of European Union and U.S. Leniency Applications and Other Confidential Investigatory Materials

U.S. courts are increasingly faced with resolving a fundamental conflict between the liberal scope of U.S. discovery and sovereign promises that certain information or evidence would remain confidential. Samuel R. Miller, Kristina Nordlander, & James C. Owens, Sidley Austin