Download European Competition Law Annual 2008: Antitrust Settlements by Claus-Dieter Ehlermann, Mel Marquis PDF

By Claus-Dieter Ehlermann, Mel Marquis

Each year, top-level industry regulators, teachers, and criminal practitioners attend the once a year pageant workshop geared up via the Robert Schumann Centre for complicated reports on the ecu collage Institute in Florence. The attendees are invited to debate a selected set of serious concerns in european pageant legislations and coverage. members both arrange a written contribution at the problems with the workshop or they give a contribution to the oral debate afterwards. The conferences are closed to the general public, yet either the oral discussions and the written contributions are released presently after the development within the ecu pageant legislations Annual sequence. this can be the thirteenth quantity within the sequence, reproducing the talk which tested the settlements in cartel circumstances, together with their hyperlinks with leniency and with inner most enforcement mechanisms, and settlements pursuant to Article nine of law 1/2003.

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18 Others echoed a question posed previously by another wellexample their preclusive effects (consider the written contributions and roundtable discussion in Panel V), or the fact that a preliminary assessment may imply a somewhat more abbreviated investigation). With the adoption of Regulation 1/2003, the procedure as regards what used to be informal settlements seems to have improved. For example, in addition to the market test mechanism under Article 27(4) of the Regulation (which often yields real results), Article 30(1) requires the Commission to publish any commitment decision it adopts.

25 It is worth recalling that the US system of private antitrust enforcement is not universally condemned. Robert Lande, in particular, has emphasized that many aspects of the system that are regarded as undesirable have often been exaggerated. , Lande, “Five Myths About Antitrust Damages”, 40 University of San Francisco Law Review 651 (2006). 26 One may glance back fondly at the sentiments of Gustav Schmoller, who in 1906 distinguished between the mercenary trusts and the more congenial institution of cartels: “[T]he managers of the cartels are educators, who intend to make the collective interests of a branch of industry prevail over egoistic individual interests.

Enthusiasm for long battles may be tempered, though, by timing or corporate governance issues, or by the costs of long-running expert advice and representation. From the perspective of the enforcer, which must be ever mindful of the public interest (difficult as it is to define, although long-term consumer welfare should certainly be the lodestar32), expeditious case resolution has obvious appeal. Nevertheless, pragmatism may also have its costs. , a signal of tolerance) will be sent to operators in the wider economy, thus dampening deterrence.

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