Antitrust Beyond Borders: Anti-Cartel Enforcement in the Global Environment
In the past two decades, anti-cartel enforcement has progressed rapidly and extraordinarily across the globe. In the United States, effective anti-cartel enforcement began about a century ago, regulating purely domestic cartels. It was only until the late 1980s when the U.S. started imposing criminal fines on international cartels. In 1990, the United States and the European Union dominated the business of charging fines on international cartels. In the years that followed, the Rest of the World (ROW) antitrust authorities, including those in Africa, Asia and Latin America, have bolstered the number of cartel decisions and the amount of their fines. However in 2015, the total global cartel fines fell while fines in the U.S. surged. The decline was seen most notably in the EU and Brazil. The table seems to turn when fines in the U.S. declined in mid-2016 while EU's fine figures are expected to rebound substantially this year. Recent studies suggest several reasons for this shift. Whatever the reasons may be, businesses in the U.S. and around the globe should keep themselves abreast of anti-cartel enforcement trends if they aim to avoid unwanted pitfalls.
The Knowledge Group has assembled a panel of key thought leaders to provide the audience with an in-depth analysis of Anti-Cartel enforcement in the global environment. Speakers will look into recent enforcement trends in the US, CA and EU. This LIVE Webcast aims to help you avoid common pitfalls and risk issues brought by international antitrust laws and regulations.
Key topics include:
- Revisiting Antitrust Laws across the Globe
- Multijurisdictional Antitrust Enforcement and Litigation
- Recent Trends
- Challenges and Considerations
- Penalty Mechanisms
- Economic Implications
- FTAIA: U.S. Antitrust Law to Foreign Jurisdictions
- Key Case Laws and Other Developments
- Best Practices on Policy Compliance
Marissa Ginn, Vice President
- Provide a brief overview of why antitrust laws to protect competition use penalty mechanisms that can exceed a disgorgement of profits, as a means of deterrence
- Discuss why antitrust enforcement is desirable from an economic perspective (as applied to cartels using an example)
- Compare and contrast the well-established and well-known system of private damages actions in the U.S. with those in other jurisdictions, including Canada and the EU
Craig A. Benson, Partner
Paul, Weiss, Rifkind, Wharton & Garrison LLP
- The extraterritorial reach of U.S. antitrust law to activities in foreign jurisdictions
- Key case law and recent developments regarding the application of the Foreign Trade Antitrust Improvements Act
- Policy concerns underlying the decisions to choose to apply U.S. or foreign law to conduct affecting competition
Beatriz Mejia, Partner
- Discovery challenges in the context of multijurisdictional antitrust enforcement and litigation
- Balancing comity concerns against the broad discovery rights allowed under U.S. law
- Admissibility, privilege, and work product considerations
Charles E. Tompkins, Partner
Williams Montgomery & John Ltd
- FTAIA-related considerations potentially relevant to the decision to pursue individual litigation to recover cartel damages;
- Discovery challenges and opportunities that often arise in individual litigation as an opt-out plaintiff;
- Policy concerns underlying the application of US as opposed to foreign law to the claims of multinational corporate antitrust plaintiffs.
Who Should Attend:
- In-house Counsel
- Corporate Counsel
- International Antitrust Laws Attorneys
- Business Consultants
- Senior Management
- Corporate Executives
- Multinational Companies
- Other related/interested professionals
Beatriz Mejia is a partner in Cooley’s litigation department. Beatriz’s practice focuses on complex business disputes and general business litigation. She has represented companies in antitrust, unfair business practices, trade secret, copyright infringement and corporate governance cases. Beatriz also represents companies on a variety of environmental claims, including soil and groundwater contamination issues and Proposition 65 matters. She also counsels companies on environmental risk allocation and management in business transactions and advises them regarding environmental regulatory compliance issues.
Beatriz Mejia is a partner in Cooley’s litigation department. Beatriz’s practice focuses on complex business disputes and general business litigation. …
Dr. Ginn specializes in applying microeconomic and econometric techniques to construct complete analyses in both litigation and non-litigation contexts. She has led large teams in antitrust, commercial damages, and intellectual property cases within several industries, including chemicals, telecommunications, finance, pharmaceuticals, and technology. Her recent antitrust work has focused on supporting academic affiliates in the class certification and damages phases of alleged class-wide horizontal price-fixing conspiracy cases, including high-profile matters involving polyurethanes and thin-film-transistor liquid-crystal display (LCD) panels. Dr. Ginn’s experience also includes evaluations of alleged patent infringement in the pharmaceutical industry, analyses of vertical mergers, and responding to inquiries from domestic and international competition authorities. Dr. Ginn has served as an economic expert witness in rates negotiations within the telecommunications industry and has worked on several strategy cases within the technology and pharmaceutical industries, such as analyses of search advertising revenues.
Dr. Ginn specializes in applying microeconomic and econometric techniques to construct complete analyses in both litigation and non-litigation contexts. She …
Charles E. Tompkins leads the firm’s antitrust and unfair competition practice, representing businesses injured by unfair competition practices or violations of the antitrust laws. Mr. Tompkins has been involved in the successful settlement or trial of several of the largest antitrust actions in recent history. Mr. Tompkins primarily represents corporate clients injured by violations of the antitrust laws that elect to seek individually-tailored relief outside of the class-action context. Mr. Tompkins has also served as Court-appointed lead counsel in national and international litigation and represented foreign entities in litigation abroad.
Charles E. Tompkins leads the firm’s antitrust and unfair competition practice, representing businesses injured by unfair competition practices or violations …
Craig A. Benson is a partner in the Litigation Department at Paul, Weiss, Rifkind, Wharton & Garrison LLP. His antitrust experience involves federal and state litigation and government investigations as well as client counseling. He has represented clients in a broad range of industries including financial services, pharmaceuticals and biotechnology, electronics, automotive, chemicals, oil and gas, and hospitality.
Craig served as a member of the editorial board of The Antitrust Practitioner, a publication of the ABA Section of Antitrust Law’s Civil Practice and Procedure Committee. Prior to joining Paul, Weiss, he was a law clerk to the Honorable Mary A. McLaughlin of the United States District Court for the Eastern District of Pennsylvania. Craig received a B.A. from Miami University and a J.D. from Georgetown University Law Center.
Craig A. Benson is a partner in the Litigation Department at Paul, Weiss, Rifkind, Wharton & Garrison LLP. His antitrust …
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