Cartels in the European Union: Procedural Fairness for Defendants and Claimants
Fordham Competition Law Institute, 2010
47 Pages Posted: 5 May 2011
Date Written: September 1, 2010
This paper explores current procedural and structural issues regarding anti-cartel enforcement and antitrust damages actions in the EU. From the point of view of defendants in cartel investigations, it first looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. It then focuses on more overarching concerns such as the operation of the European Commission's leniency and settlement regimes, before considering fundamental structural issues such as the broad role played by the European Commission in EU antitrust enforcement. The final section of the paper considers the debate from the point of view of third-party claimants for damages, assessing the obstacles to effective damages actions in the EU and considering the possibilities for synergies between the public and private enforcement regimes.
Keywords: Cartels, antitrust, damages actions, leniency, immunity, fines, settlement, inspection, dawn raid, human rights
JEL Classification: K21, K42, L40, L41, L49
Suggested Citation: Suggested Citation