Thursday Breakout session 2 Relationship between Agencies and the Bar

1. ThursdayBreakout session 2RelationshipbetweenAgencies and the Bar 2012 ICN Cartel Workshop Kamil Nejezchleb & Huy Do

2. Content • Spectrum of Relationship between CA and Bar • Types of cooperation • General cooperation • Cooperation within the particular case • What type of relationship is desirable? • Topics for discussion

3. Relationship Spectrum • Relationship is complex and spans across spectrum • Range from adversarial to highly co-operative, depending on circumstances • Nevertheless, there is common interest in efficient, clear, just proceedings • Clear procedural rules • Guarantees (business secrets, leniency, settlements) • Legal privilege • Calculation of fines

4. Types of Co-operation • General • Particular - case related

5. General Co-operation • Classic • Conferences • Enabling to comment new drafts • Guidelines • Amendments • Lectures • More sophisticated • Regular meetings • Ad hoc special task forces • Interchange or Secondments • Other special types of cooperation

6. General Co-operation • Focused on general practical problems • Communication • Understanding • Legal issues • Development • Strictly limited to general discussions (no “live” cases)

7. General Co-operation • CAs (Czech) Experience • Annual meeting “external session” • Very informal • Topics are covered from both perspectives • Not only members of the Bar but also judges • In future we would like to invite also representatives from Universities • Planned regular “in-house” meetings • More formal • More focused • Members of “in-house committee of appeal” (an advisory body for the Chairman of the Czech CA) • Must not be interested in the particular case • Only advisory role – not binding for the Chairman

8. General Co-operation • Bar Experience (Canada) • Significant involvement by Competition Bureau in Competition Bar Committees and Conferences • Bar (and public) often consulted on enforcement guidelines • “Roundtables” involving Competition Bureau and Bar • Bar very active within ICN

9. Co-operation Within a Particular Case • Degree of co-operation is highly dependent on particular facts of any given case • Factors • Contested proceedings/Leniency/Settlement • Possible criminal sanctions • Strength of existing evidence or defences • Stage of proceedings

10. What Type of Relationship Do CAs Want with the Bar • Czech Perspective • Meaningful (discussions regarding totally opposite opinions where no common understanding is possible are waste of time) • Professional (discussions regarding “serious issues”) • Trustworthy (accuracy and validity of provided information) • Effective (get rid of non-effective negotiations)

11. What Type of Relationship Does the Bar Want with CAs • Canadian Perspective • Professional relationship with integrity • On both sides, credibility is key • Appreciation and understanding of each side’s position on issues • Focus on real meaningful issues • Open lines of communication • Timeliness • Disagree without being disagreeable

12. Topics for Discussion • General importance of the cooperation between the Bar and CAs. • Extent of cooperation between the Bar and CAs? • What are (could be) the most important benefits of such cooperation between the Bar and CAs? • What are the most serious potential threats of cooperation between the Bar and CAs?

13. Topics for discussion • What difficulties have arisen in practice when it comes to the CA-Bar relationship? • Experience with Enforcement Guidelines, CA-Bar Roundtables, Interchange or Secondments, Task Forces regarding Legislative Changes. • Professional and ethical rules - whether and how such rules apply to the CA-Bar relationship? • Practical guidance and tips how to proceed with establishment or improvement of relationships between the bar and CAs?