SEP-11(2)

Autumn 2011, Volume 9 Number 2

In this issue:

Cartel detection is a must for competition practitioners to understand. Our comprehensive issue, organized by guest editor Rosa Abrantes-Metz, starts by reviewing the features of international cartels detected over the last decades. We then discuss leniency programs, emphasizing suggestions for their improvements using a variety of detection tools, followed by a discussion of the role of compliance programs and the evolution of anti-cartel enforcement—Brazil provides a case study. Next we look closer at a specific detection tool—screens—first reviewing their recent use by competition authorities and then discussing how to properly develop and implement empirical screens for conspiracies and manipulations. We finish with a creative example of screen usage on the defense side. Enjoy!

 

Detecting Cartels
  1. John M. Connor, Sep 28, 2011

    Cartel Detection and Duration Worldwide

    The consensus among experienced antitrust lawyers and from abstruse economic studies is that the great majority of cartels operate clandestinely their entire lives. John Connor (Purdue Univ.)

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  2. Donald Klawiter, Sep 28, 2011

    Enhancing International Cartel Enforcement: Some Modest Suggestions

    Today, we live in an enforcement environment of coordinated multi-jurisdictional raids, interrelated leniency programs, and truly draconian corporate and individual penalties. Donald C.Klawiter (Sheppard Mullin)

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  3. Gordon Schnell, Rick Dumas-Eymard, Sep 27, 2011

    How To Catch A Thief -- Corporate Leniency And The Irrepressible Challenge Of Cartel Detection; Finding A Better Way

    Reassessing what has up until now been the unquestioned primacy of corporate leniency in the competition enforcement scheme. Gordon Schnell & Rick Dumas-Eymard (Constantine Cannon)

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  4. Daniel Sokol, Sep 28, 2011

    Detection and Compliance in Cartel Policy

    It is surprising that U.S. antitrust has not been on the cutting edge of compliance and detection. D. Daniel Sokol (University of Florida Levin College of Law)

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  5. Barbara Rosenberg, Jose C M Berardo, Sep 28, 2011

    Anti-cartel Enforcement in Brazil: Lessons From the Recent Past and an Exercise to Look Forward

    The current state of affairs in cartel enforcement in Brazil should not allow for the existence of these types of (unanswered) questions, if CADE is to claim it has reached maturity. Barbara Rosenberg & Jose Carlos da Matta Berardo (Barbosa, Müssnich & Aragão)

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  6. Ulrich Laitenberger, Kai Huschelrath, Sep 28, 2011

    The Adoption of Screening Tools by Competition Authorities

    More focused market-based screening tools appear to be more promising and are increasingly used by competition authorities. Ulrich Laitenberger & Kai Hüschelrath (ZEW)

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  7. Rosa Abrantes-Metz, Sep 28, 2011

    Design and Implementation of Screens and Their Use by Defendants

    Screens can provide valuable circumstantial evidence on both sides of litigation. Rosa Abrantes-Metz (AFE Consultants)

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About the Antitrust Chronicle

The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.

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The Antitrust Chronicle

Editor-in-Chief: David S. Evans

Managing Editor: Lauren Chiang

Senior Editor: Lindsay W. McSweeney

Social Media: Anna Tzanaki

Subscription Manager: Susan Roberts

Office Manager: Kristen Adrian

Editorial Advisory Board:

Rosa Abrantes-Metz, AFE Consulting, Stern School of Business at NYU

Kent Bernard, Fordham School of Law

Rachel Brandenburger, Washington D.C.

Adrian Emch, Hogan Lovells

Kyriakos Fountoukakos, Herbert Smith

Jay Himes, Labaton Sucharow

James Killick, White & Case

Stephen Kinsella, Sidley Austin

Ioannis Lianos, University College London

Elisa Mariscal, Federal Competition Commission, Mexico

Robert O'Donoghue, Brick Court Chambers

Aaron Panner, Kellogg, Huber, Hansen

Nicolas Petit, University of Lìege

Daniel Sokol, University of Florida Levin School of Law

Joshua Wright, George Mason Law School