Antitrust Chronicle^® – Cartels: Recent Developments

Dear Readers,

Cartels are the quintessential antitrust offence. Though more fashionable (or at least more visible) concerns may dominate the headlines, cartelization remains the cardinal antitrust sin. 

Of course, cartelization can take many forms. There are classic horizontal price agreements between competitors. But cartelization can also take more sophisticated structures. And of course, cartelization takes on different complexions depending on the industry sector at hand, among other factors.

Enforcers (and litigants) maintain a vigilant eye on these variations in order to fulfil their mission of ensuring low prices for consumers. The pieces in this volume address the myriad policy issues raised by cartel enforcement as it progresses through its second century.

Marvin Price & Emma Burnham discuss the reforms enacted in April of this year by the Antitrust Division to its Corporate Leniency Policy as well as updates to that policy’s FAQs. The changes to the policy were the first to be made since its inception in 1993. The new FAQs update previous FAQs issued in 2017 and include a number of FAQs addressing issues not previously discussed. A key goal of the changes was to enhance accessibility to the policy and FAQs for everyone, including members of the public, to ensure equal access to justice.

Chris Mayock discusses how cartel enforcement remains at the top of the European Commission’s priorities, which is evident from the significant number of