By Claus-Dieter Ehlermann, Isabela Atanasiu
This is often the 11th within the sequence on ecu pageant legislations and coverage produced by way of the Robert Schuman Centre of the ecu collage Institute in Florence. the amount reproduces the fabrics from a roundtable debate which tested the enforcement of the prohibition on cartels. The workshop contributors — senior representatives of the fee and of the nationwide pageant experts of a few EC Member States, popular overseas teachers, and felony practitioners — mentioned the commercial and criminal concerns that come up during this specific zone, together with the unearthing of cartels — the facts, the institutional framework, and the instruments of enforcement.
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Extra info for European Competition Law Annual 2006: Enforcement of Prohibition of Cartels
9 In any case, more research into the economic effects of cartels would be useful. 4. Session Four: Private Enforcement of EC Competition Rules on Cartels a. 11 The contribution stresses the importance of addressing the problem of information asymmetry between the plaintiff and the defendant. This problem can easily be solved for followon actions. But it requires difficult procedural choices for stand-alone actions, either in terms of different modes of disclosure of evidence held by the defendant, or of shifting the burden of proof.
Merger cases are still brought by both the DOJ and the FTC. But the exploration of novel issues has been taken over by the FTC or private parties, such as the conduct of dominant firms, the limits of intellectual property rights, vertical restraints and price discrimination. As sanctions are becoming more serious, courts have become more reluctant to find a violation. Finally, the author sketches some consequences for the EU. Because of the interactions between different elements of competition law, increasing penalties will lead to a demand for clearer legal standards.
First, what is meant by “criminalization”, as opposed to public enforcement of a civil or administrative nature? Second, is there a tendency in the EU Member States to criminalize antitrust enforcement, in comparison with US antitrust enforcement and with antitrust enforcement at the level of the EU? e. independently of whether it takes place at the level of the Member States or of the EU, or whether it is harmonized at EU level? Fourth, is it problematic for antitrust enforcement to be criminalized at the level of individual Member States without parallel criminalization at the level of the EU institutions?