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
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.)
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)
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)
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)
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)
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)
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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