Claus Dieter Ehlermann
European Competition Law Annual 2008
Antitrust Settlements Under EC Competition Law
Herausgeber: Marquis, Mel
Claus Dieter Ehlermann
European Competition Law Annual 2008
Antitrust Settlements Under EC Competition Law
Herausgeber: Marquis, Mel
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This is the thirteenth in a series on EU Competition Law and Policy produced under the auspices of the Robert Schuman Centre of the European University Institute in Florence. The volume contains the written contributions of numerous competition policy experts, together with the transcripts of a roundtable debate which examined the subject of "settlements" between enforcers of competition law and defendant companies in cartel cases and in other types of antitrust cases. The Workshop participants included: -- senior judges from major jurisdictions (the European Union, Germany and the United…mehr
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This is the thirteenth in a series on EU Competition Law and Policy produced under the auspices of the Robert Schuman Centre of the European University Institute in Florence. The volume contains the written contributions of numerous competition policy experts, together with the transcripts of a roundtable debate which examined the subject of "settlements" between enforcers of competition law and defendant companies in cartel cases and in other types of antitrust cases. The Workshop participants included: -- senior judges from major jurisdictions (the European Union, Germany and the United States); -- senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and the US Federal Trade Commission; and -- renowned international international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues pertaining to two broad lines of discussion: 1) settlements and plea agreements in cartel cases, including their links with leniency programs and with private enforcement; and 2) settlements in "commitment" cases decided under Article 9 of Regulation 1/2003 and under comparable procedures of national law.
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Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Produktdetails
- Produktdetails
- Verlag: Hart Publishing
- Seitenzahl: 798
- Erscheinungstermin: 1. Januar 2010
- Englisch
- Abmessung: 240mm x 161mm x 47mm
- Gewicht: 1349g
- ISBN-13: 9781841139586
- ISBN-10: 1841139580
- Artikelnr.: 26021666
- Verlag: Hart Publishing
- Seitenzahl: 798
- Erscheinungstermin: 1. Januar 2010
- Englisch
- Abmessung: 240mm x 161mm x 47mm
- Gewicht: 1349g
- ISBN-13: 9781841139586
- ISBN-10: 1841139580
- Artikelnr.: 26021666
Claus-Dieter Ehlermann is Senior Counsel with Wilmer Cutler Pickering Hale & Dorr LLP in Brussels, former Professor of EC Law at the European University Institute in Florence, and former Director General in both the Competition Directorate and Legal Service of the European Commission. Mel Marquis teaches competition law and European Community law at the University of Verona. He also teaches regularly as a guest instructor at universities in Italy and elsewhere. He is an editor on the board of Mercato Concorrenza Regole and he has practiced as an attorney in the United States and Belgium.
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
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
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
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