The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

This paper deals with the application of the principle of 'ne bis in idem' in EC antitrust enforcement. The principle of 'ne bis in idem', laid down in Article 4 of Protocol 7 to the European Convention on Human Rights and in Article 50 of the Charter of Fundamental Rights of the European Union,...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

Since 1996, the European Commission has been operating a leniency programme, under which companies cooperating with its cartel investigations can obtain immunity from fines or a reduction of fines. Leniency plays a prominent role in EU cartel enforcement today. This paper assesses the positive...

I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...

I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...

The paper examines the leniency program in the Brazilian Anti-Corruption Law, from acomparative and empirical perspective. Leniency programs, understood as a set of standardsthat allow offenders to avoid or reduce the punishments they would receive in exchange forconfession and collaboration...

The Australian Competition and Consumer Commission’s Immunity Policy for Cartel Conduct is seen as a vital tool in detecting, stopping, prosecuting and deterring cartel conduct. In May 2013 the ACCC announced that it is conducting a review of the policy. The review is significant because,...

This survey has been undertaken in connection with a research project (The Cartel Project) that investigates various aspects of the criminalisation of cartel conduct in Australia. In section 1 of the Report we set out the background to cartel criminalisation in Australia (section 1.1) and...

Corporate leniency programs promise putative offenders reduced punishment and fewer regulatory interventions in exchange for the corporation's credible and authentic commitment to remedy wrongdoing and promptly self-report future violations of law to the requisite authorities. Because these...