In this issue:
If there’s one topic that never gets stale in antitrust, it’s cartels. With the help of guest editor Rein Wesseling, we’re taking a look at the current state of cartel enforcement, in particular leniency programs. Is their early success threatened by new roadblocks, including conflicts with enforcing individual criminal charges, different global approaches, hybrid cartel cases, more sophisticated risk analyses? We look at these questions and more. And, in an of special interest article, James Rill has some thoughts on the authorities’ SEP enforcement activities.
Leniency Programs in Cartel Enforcement
Confession Consequences in a Crowded Investigative Environment: Complexities in Cooperation with Multiple Authorities in Cartel Investigations
The accumulation of multiple authorities’ discretion in leniency-based settlement procedures itself raises further questions about due process, transparency, and accountability. Rein Wesseling (Stibbe N.V.)
If more enforcement and stiffer penalties from multiple agencies may act as a stimulus for companies and individuals to cooperate, excessive complexity, lack of coordination, and risk of cross-exposure can disincetivize potential applicants. Marcelo Calliari (TozziniFreire Advogados)
Although the recen