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6 th ICN CONFERENCE C ALL ''Problems, pitfalls and recurring issues“

6 th ICN CONFERENCE C ALL ''Problems, pitfalls and recurring issues“ Leniency and International cooperation. Rafael Coloma, Deputy Director of International Unit - CNC Madrid, 14 March 2013. Leniency and International cooperation. Objectives.

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6 th ICN CONFERENCE C ALL ''Problems, pitfalls and recurring issues“

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  1. 6 th ICN CONFERENCE CALL ''Problems, pitfalls and recurring issues“ Leniency and International cooperation. Rafael Coloma, Deputy Director of International Unit - CNC Madrid, 14 March 2013

  2. Leniency and International cooperation. Objectives. • OBJECTIVES OF INTERNATIONAL COOPERATION: • Prevention and Detection for a viable investigation. • Effective and fast Competition Authorities (CAs) actions against cartels in the pre-investigatory phase. • Increase the level of evidence during investigations. • Send a unified anti-trust voice to cartelists. • Reduce the costs of an efficient anti-cartel enforcement policy for the small and medium-size CAs during an economic downturn.

  3. Leniency and International cooperation. European Legal framework. • LEGAL FRAMEWORK FOR THE “REGIONAL” COOPERATION. EUROPEAN COMPETITION NETWORK (ECN): • Cooperation on enforcement at the ECN: An effective mechanism to counter companies which engage in cross-border practices restricting competition. • Article 11 of Regulation 1/2003: Cases notification. • Article 12 of Regulation 1/2003: Information Exchange (includingconfidentialinformation). • Article 22 of Regulation 1/2003:Investigativetoolsforcooperation (Inspections and othersinvestigativemeasures).

  4. Leniency and international cooperation. ECN Leniency Programme • ECN MODEL LENIENCY PROGRAMME • Reducing differences in national leniency regimes. • Maximum legal certainty, in order to protect the attractiveness of the leniency programmes. • Likely reallocation of the cases between the European Commision (EC) and/or National Competition Authorities (NCAs). • Summary leniency applications. • Judgment EU´s Court of Justice Pfleiderer case (14 June 2011): • Responsibility of national courts to balance - on a case-by-case basis - leniency programmes with a private plaintiff's interest.

  5. Leniency and international cooperation. Spanish legal framework and practical experience. • Article 18 of the Spanish Competition Law 15/2007: Spanish NCA cooperation with EC and other European CAs. • Spanish practical experience: • Notification of cases. • Inspections in cooperation EC and/or other NCAs. • Cases following leniency presented also EC and/or other NCAs. • Waiver to disclose information to other NCAs. • Exchange of information with other NCAs. • Request of information in cooperation with other NCAs.

  6. Leniency and international cooperation. Spanish experience. • CNC case S/0251/10 Fruit and Vegetable Packaging : • On 2 March 2010 coordinated dawn raids and ordered by the Spanish CA were carried out by the Spanish and Italian CAs at the premises of AGROENVAS, S.L., VALPACKAGING IBÉRICA, S.L., VERIPACK in Spain and at ILIP in Italy (Articles 12 and 22 of Regulation 1/2003). • On 2 December 2011 the CNC Council imposed sanctions for a price fixing and market sharing cartel: • INFIA: 8,371,740 euros and its parent company LINPAC were exempted from payment thereof by virtue of its leniency application. • ILPA: 1,003,583 euros. • VERIPACK: 2,850,790 euros and its parent company GRUPO GUILLIN, S.A. liable for 2,250,515 euros of the amount.

  7. Leniency and international cooperation. Spanish experience. • CNC case S/0342/11 PolyuretaneFoam: • On 16 February 2011 coordinated dawn raids were carried out by the Spanish and Portuguese NCA at the premises of somepolyuretanefoammanufacturers in Spain and Portugal (Article 12 Regulation 1/2003). • On 28 February 2013 the CNC Council imposed sanctions for a price fixing and market sharing cartel: • RECTICEL IBÉRICA, S.L. (9.358.000€ ) and itsparentcompany RECTICEL, S.A were exempted from payment thereof by virtue of its leniency application. • FLEX 2000-PRODUTOS FLEXÍVEIS, S.A. and itsparentcompany CORDEX, S.G.P.S. 7.575.000€ got a 40% reduction in theamount of their fines.

  8. Leniency and International cooperation Thank you for your attention!

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