e-Book - Arnold & Porter LLP

58 Pages·2011·1.62 MB·English

First Half of 2011 in Review:
Developments In European Competition Law
That Every In-house Counsel Should Know
30 June 2011
First Half of 2011 in Review:
Developments In European Competition Law
That Every In-house Counsel Should Know
Thursday, 30 June 2011
Table of Contents
(Click on topic)
Presentation Slides ..............................................................................................................Tab 1
Moderator/Speaker Biographies ........................................................................................Tab 2
Susan Hinchliffe, Axel Gutermuth, Luc Gyselen
Advisories By the Attorneys of Arnold & Porter ...............................................................Tab 3
ƒƒDiscovering of leniency submissions in private damage actions in Europe
The Pfleiderer judgment: dawn of a new era or nothing new under the sun?
Tab 1: Presentation Slides
First Half of 2011 in Review: Developments
In European Competition Law That Every
In-house Counsel Should Know
30 June 2011
1
Speakers
Susan Hinchliffe Axel Gutermuth Luc Gyselen
2
Susan Hinchliffe
Partner, London, Arnold & Porter LLP
3
Cartels: An Update on Public
And Private Enforcement
4
Development of the Commission’s Fining Policy
 Settlements:
– Washing powder producers benefit from additional
10 percent reduction in fines
 Parental liability:
– Reduction of ArcelorMittal‘s cartel fine from €230.4m to €45.7m
– Upcoming cases of interest: Parental liability in the context of
joint ventures and a challenge under the ECHR!
5
Development of the Commission’s Fining Policy
 Strong defence of Commission policy:
– ArcelorMittal decision defended strongly by Almunia:
• Fines resulted in excessive and non-recoverable fines for the subsidiaries
• Not anticipated that the fining guidelines would require revision
– High fines are warranted/use of ITP applications
– Compliance policies will not be taken into account
– No plans to penalize individuals for cartel conduct
6
Access to EU Cartel Records
 Two significant cases in the last six months taking
the jurisprudence in both the US and the EU one
step further:
– Re. TFT-LCD (Flat Panel) Antitrust Litigation
– Case C-360/09 Pfleiderer v. Bundeskarellamt
7