For all but cartel cases, the EC has been increasingly relying on commitment procedures to resolve competition concerns. Yet, despite their popularity, there is often confusion among commitments, settlements, and remedies. And with the recent Microsoft fine, the question has to be asked: Just how certain can companies be about the finality of these agreements? And what happens when two jurisidictions disagree? Our distinguished panel looks at these and other questions regarding this popular part of the antitrust toolkit.
And in our Of Current Interest Section, we look at two diverse questions – What impact does competition have on trade? And how effective are cartel fines in Russia’s developing antitrust regime.
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Commitments Procedures
A Plea for Plea Bargaining Closing the Gaps Between the EU’s Leniency, Settlement, and Commitments Procedures
If the Commission dares to take the opportunity and adjust its procedures more globally, there may be a chance at least in some cases to achieve all of its goals in one negotiated grand bargain. Ken Daly (Sidley Austin)
From Microsoft to Google Continued Divergence in Transatlantic Antitrust Settlements?
Willingness by companies to engage in voluntary reforms may be diminished if they fear divergent results. Jose Gonzalez-Magaz & William T. Gordon (Steptoe & Johnson LLP)
The Increasing (Ab)use of Commitments in European Antitrust Law: Stockholm Syndrome
The real issue is whether the 50-year-old EU system is well equipped to run antitrust law in an environment which, now more than ever, calls for equality of arms between enforcing agencies and defendants. Stefano Grassani (Pavia e Ansaldo)
The European Commission’s Practice Under Article 9 Regulation 1/2003: A Commitment a Day Keeps the Court Away?
As with all good things in life, the commitments procedure should be used with moderation to avoid indigestion. Paul Lugard & Martin Mollmann (Baker Botts)
You Made a Pledge, Then Keep Your Promise: Article 9 Commitments Decisions in European Antitrust Law
People talk colloquially about European competition law settlements, but often confuse remedies imposed by the Commission, commitments offered by the parties, and settlements where a member of cartel admits liability in return for a reduced fine. Paul McGeown & Juliette Orologas (Wilson Sonsini)
Critical Considerations on the Commission’s Commitment to the Commitment Procedure
In the future, the question will be how much a dominant firm is willing to give to buy the right to engage in borderline conduct. Florian Wagner-von Papp (UC London)
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Of Current Interest
Trade is Good for Competition, but Competition is Great for Trade
A competitive domestic economy, as enhanced by appropriate competition policies, can be a good defense against protectionist sentiments. Seth Sacher (FTC)
Methods for Setting Fines for Cartels in Russia and the Deterrence Effect as Compared to the United States and the European Union
There are obvious signs of under-deterrence in the Russian fining system as compared to its U.S. and EU counterparts. Alexander Egorushkin (New York University)
