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!
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.)
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)