Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

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Global Overview:

Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the world have followed the US model of criminalising conduct that obstructs investigations. Leniency programmes remain on the rise. Yet the authorities continued to balance confidentiality rights, important for sustaining leniency programmes, with affording defendants file access rights and permitting disclosure of leniency materials to promote private enforcement. Class action suits – long popular in the US with their promise of treble damages – continue to receive consideration in Europe and elsewhere as authorities consider mechanisms to provide broader private redress....

United States:

Legislation and jurisdiction -

1 Relevant legislation -

What is the relevant legislation and who enforces it?

Section 1 of the Sherman Act (15 USC §1) is the principal substantive statute. Criminal enforcement is handled by the US Department of Justice, Antitrust Division (the DoJ). The DoJ and Federal Trade Commission (FTC) can also enforce the statute in civil actions. Private parties can bring actions for monetary damages and injunctive relief....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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