May 10

EU Cartel Enforcement Policy: Is the Noose Tightening or the Hangman Slipping? (Teleseminar and Live Audio Webcast)

Monday, 10 May 2010

11:00 AM - 12:30 PM Eastern
10:00 AM - 11:30 AM Central
9:00 AM - 10:30 AM Mountain
8:00 AM - 9:30 AM Pacific
4:00 PM - 5:30 PM London, England
5:00 PM - 6:30 PM Brussels, Belgium

The new EU Competition Commissioner, Joaquin Almunia, has stated publicly that cartels will remain a Commission enforcement priority and will continue to attract high Commission fines.

The European Courts have been largely supportive of the Commission's cartel enforcement policy, but fissures between the two institutions are now apparent, with the European Courts, in recent years, having become critical of the Commission's analysis in a number of cases.

Our distinguished panel will explore these tensions between the European Commission and Courts, with a view to determining whether the Courts have been justifiably critical of the Commission. Along the way, our panel will seek to answer the following questions:

  • Do the Commission's pending cartel investigations of air cargo carriers and freight forwarders indicate a testing of the "Wood Pulp" jurisprudence on extraterritorial jurisdiction?
  • Is the Commission's leniency policy now adrift, or worse, providing unwarranted advantages to leniency applicants?
  • Does the recent CFI decision in T-Mobile Netherlands presage more robust Commission cartel enforcement, and higher fines, with regard to information exchanges by competitors—even on the basis of a single meeting?
  • Does the recent CFI decision in BASF indicate that the Commission will face a higher burden in proving "single and continuous" cartel infringements?

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