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Parental Liability for Cartel Infringements in the EU and US

Geert Goeteyn, John F Cove
Shearman & Sterling LLP, Shearman & Sterling (San Francisco)

"Vigorous cartel enforcement remains the focus of both the US and EU antitrust authorities. However, while both authorities are determined to hold cartel participants to account, there is a clear disparity of view between EU and US law on the extent to which parent companies that are not themselves involved in the cartel, can nevertheless be held liable for cartel behaviour of their subsidiaries...."

Brazil

"Unlike in previous years, when cartel investigations were responsible for all the high and impressive numbers in the annual statistics released by the Administrative Council for Economic Defence (CADE), an interesting shift was noticed in 2018, putting unilateral practices on the spotlight..."

China

Fay Zhou, Xi Liao
Linklaters (Beijing)

"Following the institutional reform plan announced in March 2018, the State Administration for Market Regulation (SAMR) is now the unified antitrust enforcement agency that is responsible for cartel enforcement under China’s Anti-Monopoly Law (AML)..."

Germany

Florian Von Schreitter, Thorsten Mäger

"In the past year, the Federal Cartel Office (FCO) again dealt with cases in a broad range of sectors, including harbour towage services, and sanitary wholesale, newspapers, steel, and bituminous mixtures but also rather niche sectors such as bicycle wholesale or potato and onion packaging..."

Hong Kong

"The Competition Commission (the Commission) has brought three cases before the Competition Tribunal (the Tribunal) in the three years since the competition law came into full effect..."

Ireland

"We continue to see the Irish Competition and Consumer Protection Commission (CCPC) being very active on the investigation and enforcement front – this has been the case since the Competition Authority and Consumer Agency were amalgamated in October 2014..."

Italy

Alice Galbusera, Giorgio Valoti, Lucio D'Amario, Matteo Farneti

"In line with recent years, the Italian antitrust authority (the authority) continues to vigorously fight all sorts of antitrust infringements, particularly cartels and, in general, anticompetitive agreements..."

Japan

Shigeyoshi Ezaki, Vassili Moussis

"In recent times, the Japan Fair Trade Commission (JFTC) has turned its attention to enforcement against international cartels, imposing very high surcharge payments on the contravening companies..."

Mexico

Antonio Cárdenas Arriola

"In general, collusion aiming to fix prices, segment markets, restrict supply, boycott competitors, among other things; and, overall, exchange without due care in certain cases (gun jumping) of sensible information (prices, shopping volumes, etc) is pursued..."

Serbia

Srđana Petronijević, Zoran Šoljaga

"Serbia’s competition authority, the Commission for the Protection of Competition (the Commission), is the most active competition watchdog in the Western Balkans, and in its 13-year history has tackled cases covering various economic sectors in Serbia, such as telecommunication, energy, transport, insurance, food wholesale and retail..."

South Africa

Pieter Steyn
Lex Africa, Werksmans Attorneys

"Collusive bidding and price fixing are the key cartel offences being prosecuted, followed by market division cases. In 2013, the South African Competition Commission settled with 15 construction companies for collusive tendering with agreed penalties of about US$140 million being paid..."

Switzerland

Blaise Carron, Patrick L. Krauskopf
Agon Partners (Zurich)

"The Competition Authority (COMCO) is focusing on examining vertical restraints, especially after a landmark decision of the Federal Supreme Court (FSC), Switzerland’s highest court, in 2016 (known as the Gaba case)..."

United Kingdom

"Rather than focusing on any one particular industry, the Competition and Markets Authority (CMA) (the UK’s primary competition authority) has opened investigations into a wide variety of sectors, with ongoing investigations in financial services, pharmaceuticals, construction, residential estate agency services and even musical instruments..."

United States

Adam C Hemlock

"The US Department of Justice’s (DOJ’s) Antitrust Division focuses its criminal enforcement efforts on hardcore cartels involving price-fixing, bid rigging and market allocation..."