Cartel Defense Blueprint | On-Demand Webinar

Agenda:

Segment 1:
Kathryn Lloyd, Senior Associate
Mayer Brown International LLP

Investigation: Powers, rights, building a case.

• The European Commission’s obligations during dawn raids: Case C-693/20 P Intermarché Casino Achats v Commission, ECLI:EU:C:2023:172.
• Jurisdictional arguments: The qualified effects test in Europe and other jurisdictions.
• The requisite legal standard under EU law and international (OECD, ICN) principles: The obligation of the authority to set out its case with sufficient particularity.
• The role of economic evidence in building a compelling case.

Segment 2:
Jindrich Kloub, Partner
Wilson Sonsini Goodrich & Rosati

• Resolving EU Cartel Investigations: Navigate the possible outcomes of EU investigations.
• EU Cartel Settlements: Benefits and Challenges: Weigh the advantages and disadvantages of the EU’s cartel settlement process, including essential considerations.
• The EU’s Cartel Fines: How Are They Determined?: Explore the EU’s methodology for calculating fines in cartel cases, offering insights into the factors at play

Segment 3:
James W. Attridge, Partner
Axinn, Veltrop & Harkrider LLP

• Understanding and adapting to U.S. cartel enforcement trends:

• • Detection:
    • Greater DOJ emphasis on ex officio tools, including deploying dedicated in-house investigators.
    • Rather than civil suits following on DOJ cartel resolutions, civil suits are spurring cartel investigations.
    • Enforcers are particularly focused on collusion facilitated by algorithms.
  • Investigation:
    • Emphasis on building cases via affirmative investigative techniques.
    • Particular concern about use of ephemeral messaging applications.
    • Continued focus on Section 2 of the Sherman Act and labor-market collusion.
  • Resolution:
    • Greater willingness to be flexible and creative, e.g., divestiture requirements.

Who Should Attend: