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European Competition Law Annual 2008: Antitrust Settlements under EC Competition Law

Edited by: Claus-Dieter Ehlermann, Mel Marquis

ISBN13: 9781841139586
New Edition ISBN: 9781849460736
Previous Edition ISBN: 9781841138381
Published: January 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £170.00



Despatched in 2 to 4 days.

Every year, top-level market regulators, academics and legal practitioners attend the Annual Competition workshop organised by the Robert Schumann Centre for Advanced Studies at the European University Institute in Florence.

The attendees are invited to discuss a particular set of critical issues in EU competition law and policy, and participants either prepare in advance a written contribution on the issues of the workshop or contribute to the oral debate afterwards. The meetings are closed to the public, but both the oral discussions and the written contributions are published shortly after the event in the European Competition Law Annual series.

This is the thirteenth in the series, reproducing the debate which this year examined the settlements in cartel cases, including their links with leniency and with private enforcement mechanisms, and settlements pursuant to Article 9 of Regulation 1/2003.

Subjects:
Competition Law
Contents:
INTRODUCTION – CARTEL SETTLEMENTS AND COMMITMENT DECISIONS
Mel Marquis
SESSION ONE: PRINCIPLES AND OBJECTIVES OF ANTITRUST SETTLEMENTS
PANEL I
BROAD OVERVIEW: LEGAL, ECONOMIC AND POLITICAL SCIENCE PERSPECTIVES
Discussion
Written contributions
I Wouter Wils, The Use of Settlements in Public Antitrust Enforcement: Objectives and Principles
II Andreas Reindl, The Legal Framework Governing Negotiated Settlements/Plea Agreements in Cartel
Cases in the United States
III Aurora Ascione and Massimo Motta, Settlements in Cartel Cases
IV Daniel Rubinfeld, Settlements in Antitrust Enforcement: A U.S. Economic Perspective
V Stephen Wilks, A Political Science Approach: Restorative Justice and the Fairness Critique
PANEL II
A CLOSER LOOK FROM THE PERSPECTIVE OF ENFORCERS, DEFENDANTS, POTENTIAL PLAINTIFFS, THE COURTS AND THE LEGAL PROFESSION
Discussion
Written contributions
I Bruno Lasserre and Fabien Zivy, A Principled Approach to Settlements: A Few Open Issues
II Ann O'Brien, Cartel Settlements in the U.S. and EU: Similarities, Differences and Remaining Questions
III Mario Siragusa and Erika Guerri, Antitrust Settlements under EC Competition Law: The Point of View of the
Defendants
IV Shepard Goldfein and Thomas Pak, Negotiated Antitrust Settlements: Some Perspectives from U.S. Defendants
V Michael Hausfeld, Brian Ratner and Scott Campbell, Principles and Objectives of Formal and Informal
Settlements in EU Competition Cases: The Claimant's Perspective
VI Albrecht Bach, Negotiated Antitrust Settlements: Some Perspectives from the Point of View of (Potential)
Plaintiffs
VII John Cooke, Negotiated Settlements under EC Competition Law: A Judicial Perspective
VIII Diane Wood, Antitrust Settlements in the United States
IX John Ratliff, Negotiated Settlements in EC Competition Law: The Perspective of the Legal Profession
X John Taladay, Implications of International Cartel Settlements for Private Rights of Action
SESSION TWO: SETTLEMENTS IN CARTEL CASES. PRACTICAL EXPERIENCES IN MAJOR JURISDICTIONS
PANEL III
THE UNITED STATES, CANADA, AND THE EUROPEAN UNION
Discussion
Written contributions
I William Kovacic, Plea Bargaining and the Enforcement of Competition Law Against Cartels in the United States
II Calvin Goldman, Rob Kwinter, Navin Joneja and Evangelia Litsa Kriaris, Cartel Settlements in Criminal
and Civil Proceedings: A Canadian Perspective
III Kirtikumar Mehta and María Luisa Tierno Centella, EU Settlement Procedure: Public Enforcement
Perspective
PANEL IV
FRANCE, GERMANY, THE NETHERLANDS AND THE UNITED KINGDOM
Discussion
Written contributions
I Bruno Lasserre and Fabien Zivy, A Principled Approach to Settlements: a few open issues1
II Eric Morgan de Rivery, The French Non-Contest Procedure: A Practitioner's Point of View
III Jochen Burrichter, Settlements in Cartel Cases: Practical Experience in Germany
IV Pieter Kalbfleisch, The Dutch Experience with Plea Bargaining/Direct Settlements
V Onno Brouwer, Antitrust Settlements in the Netherlands: A Useful Source of Inspiration?
VI Ali Nikpay and Deirdre Waters, The Emerging Settlements Regime in the UK: The Use of Settlements
in Competition Act Cases
VII Lynda Martin Alegi and Grant Murray, Settling an Appropriate Policy: Reflections on OFT Work in
Progress
SESSION THREE: COMMITMENT DECISIONS
PANEL V
SETTLEMENTS UNDER ARTICLE 9 OF REGULATION 1/2003
Discussion
Written contributions
I Heike Schweitzer, Commitment Decisions under Article 9 of Regulation 1/2003: The Developing
EC Practice and Case Law
II Santiago Martínez Lage and Rafael Allendesalazar, Commitment Decisions ex Regulation 1/2003:
Procedure and Effects
SESSION FOUR: LESSONS TO BE DRAWN
PANEL VI
PART ONE: POLICY CONSEQUENCES FOR PUBLIC ENFORCEMENT
Discussion
PART TWO: POLICY CONSEQUENCES FOR PRIVATE ENFORCEMENT
Discussion
PART THREE: OVERALL CONCLUSIONS
Written contributions
I Kirtikumar Mehta and María Luisa Tierno Centella, EU Settlement Procedure: Public Enforcement Perspective2
II Ian Forrester, Creating New Rules? Or Closing Easy Cases? Policy Consequences for Public Enforcement of
Settlements under Article 9 of Regulation 1/2003
III Kirsten Edwards and Jorge Padilla, Antitrust Settlements in the EU: Private Incentives and Enforcement Policy
IV Kris Dekeyser, Rainer Becker and Daniele Calisti, Impact of Public Enforcement on Antitrust Damages
Actions: Some Likely Effects of Settlements and Commitments on Private Actions for Damages
V Lorenzo Coppi and Robert Levinson, The Interaction between Settlements and Private Litigation—
An Economic Perspective

Series: European Competition Law Annual

European Competition Law Annual 2012: Competition, Regulation and Public Policies ISBN 9781849465823
Published October 2014
Hart Publishing
£140.00
£140.00
European Competition Law Annual 2007: A Reformed Approach to Article 82 EC ISBN 9781841138381
Published November 2008
Hart Publishing
£140.00
£140.00
European Competition Law Annual 2005 ISBN 9781841136455
Published March 2007
Hart Publishing
£140.00
£150.00
Robert Schuman Centre Annual on European Competition Law ISBN 9781901362671
Published August 1998
Hart Publishing
£190.00