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 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...

Australia is set to become the latest in a growing number of countries to join the United States' "coalition of the willing" with respect to the criminalisation of serious cartel conduct. However, there are emerging questions as to whether criminalisation has sufficient support amongst key...

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,...

Competition authorities need to obtain intelligence and evidence of antitrust violations so as to be able to punish the antitrust violators and create deterrence. The best information will usually be in the hands of the antitrust violators themselves. The first part of this article gives an...

A criminal offence requiring Ghosh dishonesty was introduced in the UK by the Enterprise Act 2002, primarily to enhance cartel deterrence as a complement to corporate fines. Yet the first convictions resulted from a US plea bargain in 2008. This paper identifies three obstacles to enhancing...

This paper describes and analyzes the outcomes of cartel-whistleblower programs around the world, including those of the United States and Canada, which keep the identities of amnesty recipients secret before and after a case is closed. A total of at least 65 corporations have received full...

The English courts in Sainsbury's v. MasterCard and Morrisons v. MasterCard came to opposite conclusions on the illegality of MasterCard's multilateral interchange fees (MIFs). While both courts posited bilateral counterfactuals, the Competition Appeal Tribunal (CAT) in Sainsbury's held that...

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...