* * berwin leighton paisner the interface between leniency, direct settlement and criminal sanctions...
TRANSCRIPT
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Introductory Remarks
Dave AndersonPartner, Berwin Leighton Paisner LLP, Brussels
Panel Chair, European Competition DayBrno, Czech Republic, 13 May 2009
blplaw.com
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Interface issues
Ambitious subject assigned to us – leniency, settlements and criminal sanctionsHighly relevant to both companies and agencies– The interface raises critical issues
for companies and advisers– For agencies, these tools often
developed separately so interface issues can be crucial to their functioning and effect
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Interface issues
The three tools are relatively new at EC and Member State level– Leniency took off only after 2002 EC
Notice Improvements in 2006 Nearly all Member States have own
programmes– ECN Model Leniency Programme 2006– EC Settlements Notice 2008
So far, no cases completed under Notice Member State practice varies widely
– Criminalisation at Member State level New statutes in several Member States Reviving dormant regimes in others
A developmental patchwork that works?
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Interface issues
For plaintiffs and defendants– For defendants
Leniency – clarity and certainty are key Settlement – sufficient incentives beyond
leniency? Criminalisation – will leniency apply to
individuals? Which cases will be prosecuted criminally?
– For plaintiffs Will leniency information be made available? Will agency settlement terms assist them? EC, Member State and US examples of leniency
and settlement terms assisting plaintiffs
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Interface issues for agency panellists
How do agencies ensure that incentives for companies to apply for leniency are not negatively affected by criminalisation?Are these three areas ripe for better coordination or even EU harmonisation?– So many differing regimes, procedures
and sanctions across the EU for leniency, settlement and criminalisation
What about the coming effect of private actions– Can private actions be assisted through
leniency, settlement and criminalisation policies?
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*berw
in le
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nerThe Interface Between Leniency, Direct Settlement and Criminal Sanctions
Introductory Remarks
Dave AndersonPartner, Berwin Leighton Paisner LLP, Brussels
Panel Chair, European Competition DayBrno, Czech Republic, 13 May 2009