Conference Coverage

Spratling: Leniency is not invulnerable

Spratling: Leniency is not invulnerable

29 March 2017

The former head of criminal antitrust enforcement at the US Department of Justice expressed grave doubts yesterday about the state of the world’s leniency programmes, and suggested steps that all sides of cartel cases should take to help stabilise a system now seen as crucial to public and private antitrust enforcement.

Courts may dodge binding enforcement decisions

Courts may dodge binding enforcement decisions

29 March 2017

Two antitrust litigators said yesterday that EU member state judges could find ways to avoid provisions in the EU’s Damages Directive that are designed to make competition agencies’ decisions binding on courts.

US DOJ gets Supreme Court extension in Amex case

US DOJ gets Supreme Court extension in Amex case

29 March 2017

The US Department of Justice is waiting to appeal to the Supreme Court in its case against American Express, to allow the new leadership at the Antitrust Division to review and decide whether to continue the case.

DOJ officials: work continues amid instability

DOJ officials: work continues amid instability

29 March 2017

Senior US Department of Justice officials expressed confidence today about the direction and work of the agency in the face of considerable turmoil, including a vacant front office and a hiring freeze that may stifle growth at the Antitrust Division in the long term.

Divergent enforcement standards are hurdles for in-house lawyers

Divergent enforcement standards are hurdles for in-house lawyers

29 March 2017

The differing standards in how competition authorities handle instances of information exchange and price signalling have created challenges for in-house counsel trying to structure compliance programmes at global companies.

Confidentiality of leniency can limit disclosure in M&A

Confidentiality of leniency can limit disclosure in M&A

29 March 2017

Even when a company for sale wants to tell potential buyers about its potential antitrust liabilities, it can be legally restricted from doing so, a lawyer formerly at Japan’s Fair Trade Commission warned yesterday.

US DOJ won’t limit cartel fight to “smoking gun,” official says

US DOJ won’t limit cartel fight to “smoking gun,” official says

28 March 2017

Recent court decisions referring to foreign-based cartels that “target” the US will not keep the US Department of Justice from prosecuting price fixing on a broader basis, a senior official at the DOJ’s antitrust division said today.

Intel could complicate EU cartel enforcement, says Coates

Intel could complicate EU cartel enforcement, says Coates

28 March 2017

Former European Commission cartel enforcer Kevin Coates said today that if the European Court of Justice follows all aspects of the advocate-general’s opinion, Intel’s appeal against its abuse of dominance fine could affect the EU’s prosecution of international cartels.

Indonesian antitrust reforms in sight, but hurdles remain

Indonesian antitrust reforms in sight, but hurdles remain

03 March 2017

The time may finally be right to amend Indonesia’s 18-year-old antitrust law, but shifts in the competition authority’s membership and a national election have set difficult and rapidly approaching deadlines to make those changes happen.

New Chinese merger probe may test big data issues

New Chinese merger probe may test big data issues

03 March 2017

China is carefully weighing how to approach potential competition issues in big data and online platform services in which the primary product is ostensibly free for consumers, a senior official at the Ministry of Commerce said today.