OCT-11(1)

In this issue:

Our first October issue, sponsored by Danny Sokol, has two symposia. First, we celebrate the 20th anniversary of the U.S./EU Cooperation Agreement by bringing together some of the players that were at the birth of the agreement with those that have worked to push forward the collaborative transatlantic spirit it created. Of course, we also have comments on where this collaboration needs to go. And, second, we present two articles that continue to explore the tools used to discourage cartels: 1) a defense of fines as an effective tool against recidivism and 2) an interesting legal question—on what basis can the United States ban foreign executives?

20th Anniversary of the U.S./EU Antitrust Memorandum of Understanding

Rachel Brandenburger, Oct 14, 2011

Twenty Years of Transatlantic Antitrust Cooperation: The Past and the Future

The four new guiding principles in our lexicon of international cooperation are particularly important: mindfulness, respect, trust, and dialogue. Rachel Brandenburger (DOJ)

William Kovacic, Oct 19, 2011

Nine Next Steps for Transatlantic Antitrust Policy Cooperation

The best practice in competition policy is the relentless pursuit of better practices. William E. Kovacic (George Washington Law School)

Holger Dieckmann, Miek van der Wee, Oct 19, 2011

EU/U.S. Cooperation in the Area of Competition Policy

Greater cooperation may lead to greater predictability of decision-making and avoidance of conflict of interest. Miek van der Wee & Holger Dieckmann (DG Comp)

James Rill, Oct 14, 2011

The U.S./EC Antitrust Cooperation Agreement: Genesis, Innovation, and Early Implementation

The progress of cooperation in antitrust enforcement between the United States and the European Union is a rich and continuing history, complete with many successes and a few bumps along the road. James F. Rill (Baker Botts)

Frank Montag, Oct 14, 2011

The Complexity of Cartel Enforcement in Times of Globalization of Competition Law

The globalization of competition law enforcement that saw its origins in the EU/U.S. cooperation has radically changed the way in which companies under investigation for global cartel infringements must deploy their defenses. Frank Montag & Daniel Colgan (Freshfields)

Sean Heather, Guido Lobrano, Oct 14, 2011

“I’d like to propose a toast”: Marking the 20th Anniversary of U.S.-EU Antitrust Cooperation

When a contemporary model of coherent antitrust enforcement is fashioned in the oldest and most experienced jurisdictions, the case for persuading other jurisdictions to follow will be far more compelling. Sean Heather (U.S. Chamber of Commerce) & Guido Lobrano (BUSINESS EUROPE)

Cartel Deterrents

Patrick Eyers, J. Mark Gidley, Oct 14, 2011

A Good Carrot? U.S. Travel Restrictions in Cartel Enforcement

There appears to be no legal basis whatsoever to ban antitrust offenders from the United States for lengthy periods. J. Mark Gidley & Patrick Eyers (White & Case)

Belinda Barnett, Scott Hammond, Gregory Werden, Oct 14, 2011

Recidivism Eliminated: Cartel Enforcement in the United States Since 1999

The claim that current cartel sanctions have proved inadequate is not supported by the existence of recidivism in the United States. Gregory J. Werden, Scott D. Hammond, & Belinda A. Barnett (DOJ)

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