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economiesuisse
Critical analysis of current practice and proposals for change(PDF)
Gleiss Lutz
Eine kritische Analyse der derzeitigen Praxis und Reformvorschläge (PDF)
Gleiss Lutz
EU Cartel fining laws and policies in urgent need of reform (Rebuttal) (PDF)
GCP, November 2009
Prof. Dr. Karl Hofstetter
Karl Hofstetter, Group General Counsel for Schindler Group, responds to Mr Lowe’s earlier article (see above) and is particularly critical of the Commission’s failure to respect basic requirements of due process. He writes that as the cartel fines imposed by the European Commission are by now the highest in the World, “this in itself calls for very high procedural standards in adjudicating cartel cases.”
Fines Against Parent Companies in EU Antitrust Law: Setting Incentives for 'Best Practice Compliance'
Prof. Dr. Karl Hofstetter - Schindler Group/University of Zurich School of Law
Melanie Ludescher - Schindler Group
The authors argue that the EU’s practice which finds parent companies liable for anti-trust violations of their subsidiaries ignores the concept of limited liability. They also contends that the current fining policy is less effective in deterring violations than a regime that also incorporates individual sanctions and compliance programmes.
World Competition: Law and Economics Review, Vol. 33, No. 1, March 2010 (link to website)
The Modernisation of EU Anti-Cartel Enforcement: Will the Commission Grasp the Opportunity? (PDF)
Alan Riley, January 2010
The paper argues for a comprehensive reform of EU anti-cartel enforcement to improve deterrence. Reforms should include the introduction of individual sanctions, recognition of the positive impact that compliance programmes can have on deterrence and a revised leniency regime.
The Increased Level of EU Antitrust Fines, Judicial Review, and the European Convention on Human Rights (PDF)
Wouter P.J. Wils, March 2010
Mr Wils, a member of the European Commission’s Legal Service argues against claims that the high level of EU antitrust fines have become criminal in nature, and that the institutional and procedural framework in which they are imposed is no longer compatible with the European Convention on Human Rights.
The fining policy of the European Commission in competition cases (PDF)
ICC Commission on Competition, July 2009
The ICC criticises the EU’s fining policy for focusing more on punishment and deterrence than on compliance. Such high fines can only be defended where due process is fully respected, but the ICC fears that “increasingly this does not appear to be the case.”
Sanctioning Cartel Activity: Let the Punishment Fit the Crime
Gregory J. Werden Mr Werden, Senior Economic Counsel, Antitrust Division, U.S. Department of Justice argues that cartel deterrence requires both substantial fines on the business enterprises found to have engaged in cartel activity and prison sentences for the culpable executives. Let the punishment fit the crime.
Sir Jeremy Lever KCMG, November 2007
This paper regrets the lack of consultation that preceded publication of the guidelines and criticises the risk that they will lead to “irrational and disproportionate fines” in certain cases. The author believes this could undermine effective compliance and bring the EU institutions into disrepute.BDI – Federation of German Industries
Rechtsstaatliche Defizite des europäischen Kartellbussengeldverfahrens
Jürgen Schwarze
Wirtschaft und Wettbewerb Heft 1, 2009 (link to website)
Berücksichtigung von Compliance-Programmen in Kartellbussgeldverfahren
Wolfgang Bosch/Birgit Colbus/Antonia Harbusch
Kartellrechtliche Compliance-Programme im Rahmen der Bussgeldbemessung de lege lata und de lege ferenda
Dr. Philipp Voet van Vormizeele
Compliance-Programme in Industriekonzernen (link to website)
Dr. Thomas Kremer und Dr. Christoph Klahold
Der Konzern als Adressat von Bussen im EU-Kartellrecht (PDF)
The decisional and enforcement structure in antitrust cases and the commission's fining system (PDF)
Global Copetition Law Centre, June 2009
Due Process in antitrust (PDF)
CRA Conference on Economic Developments in Competition Law, December 2009
Philip Lowe - Director General, DG Competition
Due process in EC competition cases: A distinguished institution with flawed procedures (PDF)
Ian S. Forrester, December 2009
Procedural Fairness (PDF)
GCP, November 2009, Release Two
Jonathan Zuck
References
Cartels, Fines and Due Process
GCP
Philip Lowe
Articles
Journal Feature
The science of compliance
Fifteen years ago, some companies joked that their competition compliance programme consisted of a shredder. Now, creating training programmes, implementing networks of communication and creating internal avenues for whistleblowers is an integral part of business for in-house and private practice lawyers. Despite the importance of compliance in preventing antitrust violations, competition authorities have issued relatively little guidance on the subject. Rosalind Donald investigates
http://www.globalcompetitionreview.com/features/article/28818/the-science-compliance/
Jusletter 20.9.2010, Zitiervorschlag Simon Hirsbrunner/Jens Werner
, The Online Magazine for Global Competition Policy, June 2009, Release Two