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RECENT TRENDS AND DEVELOPMENTS IN COMPETITION LAW AND POLICY 2008

St. Martin Conference Brno, Czech Republic 12 November 2009. RECENT TRENDS AND DEVELOPMENTS IN COMPETITION LAW AND POLICY 2008. Leniency – experience, practical obstacles, coordination between jurisdictions Paul Malric-Smith Head of Unit / Cartels I.

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RECENT TRENDS AND DEVELOPMENTS IN COMPETITION LAW AND POLICY 2008

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  1. St. Martin ConferenceBrno, Czech Republic12 November 2009 RECENT TRENDS AND DEVELOPMENTS IN COMPETITION LAW AND POLICY 2008 Leniency – experience, practical obstacles, coordination between jurisdictions Paul Malric-SmithHead of Unit / Cartels I

  2. „The opinions expressed are solely those of the speaker and do not necessarily represent the position of the European Commission.“

  3. Experience with leniency at that Commission Leniency Notices 1996, 2002, 2006 Higher standards • Disclose (own) participation • Enable Commission to carry out a targeted inspection • Detailed list Greater expectations • Full cooperation from date of application • Not “minimum to qualify” Trends / difficulties • Disclosing participation in an alleged cartel • Description of cartel

  4. Practical obstacles (for applicants and authorities) Multijurisdictional cartels • Stricter / unattractive conditions in some jurisdictions • Conflicting requirements • Civil discovery • Immunity for individuals Avoid disincentives to leniency where possible

  5. Coordination • Coordinating leniency policies • EU Model Programme • ICN work • Ad hoc coordination • Flexibility rule in Model Programme • Make Leniency work for applicants and authorities

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