Cartels

News & Analysis as of

Competition/antitrust law

Focus on the US - Cartel enforcement activity and stiffer criminal penalties against price fixing - The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This...more

EU Court Affirms Independence of EU and National Leniency Programs

On January 20, 2016, the Court of Justice of the European Union issued a judgment reaffirming the independence of the cartel immunity and leniency regimes of the EU and member states. The ruling reasserts the obligation of...more

General Court of the EU Upholds Cartel Fines of €131 Million Imposed on Toshiba and Mitsubishi Electric, Dismisses Arguments Based...

By two judgments of January 19, 2015 (Case T-404/12 Toshiba v. Commission and Case T-409/12 Mitsubishi Electric v. Commission), the General Court of the European Union (GCEU) upheld the fines of €131 million imposed by the...more

Competition News January 2016

Record fine imposed on Orange by the French Competition Authority despite being reduced by the early application of the settlement procedure - By decision of December 17, 2015, the French Competition Authority imposed a...more

EU and National Leniency Applications Independent Rules ECJ

On the 20 January 2016, the European Court of Justice (ECJ) handed down its ruling on a preliminary reference made by the Italian Council of State on the relationship between EU and national member state leniency applications...more

McDermott EU Competition Annual Review 2015

McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand...more

Airfreight cartel decision grounded, sky-high fines annulled

On 16 December 2015, the General Court of the European Union overturned the European Commission’s 9 November 2010 Airfreight decision (Case C.39258) and, in doing so, annulled one of the largest fines imposed in EU...more

Global Cartel Enforcement 2015 Year in Review

Developing trends: Auto parts and financial services penalties dominated global enforcement fine totals in 2015. And while financial services will remain a focus for enforcers in 2016, several new antitrust...more

EU & Competition Law Update - January 2016

Smartphone chip manufacturer accused of an abuse of dominance - On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its...more

The Antitrust Leniency Model and FCPA Enforcement

I am always wary of simplistic policy proposals – often the simple idea to apply one policy to another subject matter, just does not work. Instead, policy debate will turn to the simple idea and how it can easily be applied...more

2015 Global Cartel Enforcement Report

Global Competition Agencies Continue To Aggressively Enforce Cartel Laws - Although some major US Department of Justice (DOJ) investigations are ending, increased international cooperation and new probes confirm...more

EU General Court Overturns EU Commission’s Decision to Fine Airlines €790 Million in Connection with Price-Fixing Cartel

On December 16, the General Court of the European Union, the second highest court in the EU, overturned the decision of the European Commission, the EU’s competition authority, to fine 11 airlines a total of €790 million...more

Airfreight: Major Defeat for the European Commission

The General Court annulled the airfreight decision adopted in November 2010 by which the European Commission fined a number of air freight carriers EUR 799 million for a price fixing cartel. According to the Court, the...more

Law a la Mode - Issue 18 November 2015

The Australian editorial team is delighted to bring you the 18th edition of Law a` la Mode, the quarterly legal magazine produced by DLA Piper’s Fashion, Retail and Design Group for distribution to clients and contacts of the...more

General Court Delivers Early Christmas Gift to the Airline Industry and a Lump of Coal to the European Commission

On December 16, 2015, the General Court (GC) sent a message of unprecedented magnitude in the field of European cartels by annulling a decision from the European Commission (EC) that imposed fines of approximately €790...more

Hong Kong Competition Ordinance Takes Effect: The Latest Jurisdiction Regulating How Companies Compete

On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this...more

Competition & Regulation Update - What to Do if the ACCC Come Knocking: Practical Tips for Responding to Section 155(1)(A) and (B)...

The Australian Competition & Consumer Commission (ACCC) has broad powers to investigate suspected breaches of the competition and consumer provisions of the Competition and Consumer Act (CCA), including the use of coercive...more

Australian Competition Law Update for the Aviation Industry

Competition law is a regulatory risk which airlines operating in Australia need to manage. The legal changes identified below present both opportunities and risks.... The below table summarises key competition cases and...more

The New Kid on the Block: Hong Kong’s New Competition Law Regime Has Come into Full Effect

Today Hong Kong's Competition Ordinance has come into full effect. The Ordinance gives Hong Kong its first general competition law that applies to all sectors of the economy. Please see full Memo below for more...more

European Ombudsman Closes Maladministration Inquiry into Public Statements by Former Competition Commissioner

In 2012 and 2014, Joaquín Almunia, the then Vice President of the European Commission and Commissioner responsible for competition, made public statements concerning an ongoing investigation of a possible cartel. Crédit...more

Court of Appeal and English High Court Reshape Cartel Damages Litigation Landscape in Air Cargo

Court of Appeal confirms presumption of innocence is absolute and strikes out economic tort claims; English High Court strikes out entirety of claim brought on behalf of over 60,000 Chinese claimants. Background...more

How Does an Antitrust Compliance Program Meet DOJ Standards? For the First Time, the DOJ Explains

For the first time, the Department of Justice has described what makes a company-imposed antitrust compliance pro­gram effective enough to earn a recommended lowering of the antitrust fine under the Unit­ed States Sentencing...more

European Competition Law Newsletter – November 2015

A company that helps with or facilitates a cartel is at just as much risk of sanctions and penalties as are the actual cartelists. This was confirmed by the EU’s highest court (the European Court of Justice (ECJ)) on 22...more

Private equity firms: In the line of antitrust fire?

There was a time when private equity firms may have seen themselves as arms-length financial investors but regulators are increasingly holding them responsible for the behaviour of their portfolio companies. A new type...more

CJEU Sends Clear Warning to “Cartel Facilitators”

On 22 October 2015, the Court of Justice of the EU (“CJEU”) handed down a seminal judgment holding for the first time that companies facilitating the implementation of a cartel can be sanctioned under EU competition law....more

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