In this issue:
Our first October issue, sponsored by Danny Sokol, has two symposia. First, we celebrate the 20th anniversary of the U.S./EU Cooperation Agreement by bringing together some of the players that were at the birth of the agreement with those that have worked to push forward the collaborative transatlantic spirit it created. Of course, we also have comments on where this collaboration needs to go. And, second, we present two articles that continue to explore the tools used to discourage cartels: 1) a defense of fines as an effective tool against recidivism and 2) an interesting legal question—on what basis can the United States ban foreign executives?
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20th Anniversary of the U.S./EU Antitrust Memorandum of Understanding
Twenty Years of Transatlantic Antitrust Cooperation: The Past and the Future
The four new guiding principles in our lexicon of international cooperation are particularly important: mindfulness, respect, trust, and dialogue. Rachel Brandenburger (DOJ)
Nine Next Steps for Transatlantic Antitrust Policy Cooperation
The best practice in competition policy is the relentless pursuit of better practices. William E. Kovacic (George Washington Law School)
EU/U.S. Cooperation in the Area of Competition Policy
Greater cooperation may lead to greater predictability of decision-making and avoidance of conflict of interest. Miek van der Wee & Holger Dieckmann (DG Comp)
The U.S./EC Antitrust Cooperation Agreement: Genesis, Innovation, and Early Implementation
The progress of cooperation in antitrust enforcement between the United States and the European Union is a rich and continuing history, complete with many successes and a few bumps along the road. James F. Rill (Baker Botts)
The Complexity of Cartel Enforcement in Times of Globalization of Competition Law
The globalization of competition law enforcement that saw its origins in the EU/U.S. cooperation has radically changed the way in which companies under investigation for global cartel infringements must deploy their defenses. Frank Montag & Daniel Colgan (Freshfields)
“I’d like to propose a toastâ€: Marking the 20th Anniversary of U.S.-EU Antitrust Cooperation
When a contemporary model of coherent antitrust enforcement is fashioned in the oldest and most experienced jurisdictions, the case for persuading other jurisdictions to follow will be far more compelling. Sean Heather (U.S. Chamber of Commerce) & Guido Lobrano (BUSINESS EUROPE)
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Cartel Deterrents
A Good Carrot? U.S. Travel Restrictions in Cartel Enforcement
There appears to be no legal basis whatsoever to ban antitrust offenders from the United States for lengthy periods. J. Mark Gidley & Patrick Eyers (White & Case)
Recidivism Eliminated: Cartel Enforcement in the United States Since 1999
The claim that current cartel sanctions have proved inadequate is not supported by the existence of recidivism in the United States. Gregory J. Werden, Scott D. Hammond, & Belinda A. Barnett (DOJ)
