The European Commission and national competition authorities are committed to the vigorous prosecution of cartels and to imposing very high fines. In many jurisdictions price-fixing and bid-rigging are criminal offences where executives can be jailed.
These developments have greatly increased the exposure of companies vulnerable to cartel allegations, and the prospect of high fines and compensation payments to those they have been overcharged.
We have an experienced cartel practice which can assist companies and their customers to respond to the European Commission and national competition authority investigations, and when suing or being sued for compensation and damages.
We are particularly skilled in marshaling data and the empirical (econometric) analysis necessary to calculate overcharges, pass-on and damages, and in appearing as experts in court proceedings.
Our economists have been at the forefront of original research on cartels, cartel law and damages, and our annual review of European Commission cartel prosecutions and fines (see publication section) is widely read. These with other commentaries cartel damages and fines are collect in Cartel Litigation, Damages and Fines.
Europe – cartel prosecutions
- TV and computer monitor tubes cartel, COMP/39.437, 2012
- DRAM cartel, COMP/38.511, 2010
- Flat Glass cartel, COMP/39.165, 2007
- Gas Insulated Switchgear cartel, COMP/38.899, 2007
- Copper Plumbing Tubes cartel, COMP/38.069, 2004
- Analysis of counterfactuals and causation
- Theories of harm
Europe – Follow-on damage actions arising from the:
- Trucks cartel, CASE AT. 39834, 2016
- MasterCard, COMP 34/579, 2007
- Polyurethane Foam cartel, COMP AT. 39.831, 2016
- LCD cartel, COMP/39.309, 2016
- Marine Hoses cartel, COMP/39.406, 2013
- Vitamins cartel,COMP/37.5125, decision before the E&W High Court (Devenish), 2006
- Vitamins cartel ,COMP/37.5125, first action before the UK Competition Appeal Tribunal (Deans, BCL), 2005
- follow-on damage claim in cardboard box cartel, New Zealand, 2013
- air freight cartel, Australian Federal Court, 2012
- air freight cartel, New Zealand High Court, 2011
Also see Litigation/Damages practice