Anti-cartel enforcement is the highest policy priority of antitrust enforcement authorities throughout the world. Fines imposed for cartel violations last year totaled over seven billion dollars and dozens of business executives were jailed for engaging in such violations. The focus of antitrust authorities on such behavior is unwavering; and the risks for companies are increasing as more and more countries adopt programs to combat business practices that undermine competition.
Controlling for these risks is an increasingly difficult challenge for global companies. Legal standards, enforcement techniques, and penalties vary from country to country. The interconnected nature of the global economy, however, means that conduct in one country may lead to enforcement action—including fines and criminal prosecution—in others. The United States and European Union in particular have been aggressive in asserting their authority to pursue enforcement actions for extraterritorial conduct, and enforcement authorities throughout the world are increasingly coordinating their investigations and enforcement against cartels.
Given the risks involved, development of effective compliance programs addressing cartel violations is essential for companies operating globally. In addition to preventing such violations, antitrust authorities are increasingly recognizing the value of such compliance programs to their cartel enforcement programs, and rewarding companies that develop effective compliance programs in enforcement decisions.
Join J. Clayton Everett, the leader of the cartel defense practice at Morgan, Lewis & Bockius, for a discussion of the legal and practical implications of this enforcement focus. He discusses (a) the types of conduct that may subject companies and executives to liability for cartel violations, including variations in the legal standards in Europe and the United States; (b) cartel enforcement trends throughout the world; and (c) development of effective compliance programs to prevent violations and limit risks for companies operating globally.
J. Clayton “Clay” Everett, Jr. counsels clients on a range of antitrust issues. These include civil and criminal antitrust litigation, as well as merger and nonmerger investigations by the Federal Trade Commission (FTC) and the US Department of Justice (DOJ), and securing merger approvals. He has represented clients in more than 100 antitrust class actions in federal and state court. Clay also counsels clients and litigates issues at the intersection of antitrust and intellectual property law.
Clay frequently represents clients in multijurisdictional cartel investigations and litigation. He has secured declinations or immunity/leniency for clients in multiple jurisdictions around the world. He also has served as global coordinating counsel for various clients in cartel investigations, developing and implementing a global strategy for addressing multiple related investigations and follow-on damages litigation.
He is actively involved in the American Bar Association’s Section of Antitrust Law. In 2003, Clay co-chaired the Holmes Group Task Force: Status Report on Developments Relating to the Jurisdiction of the United States Court of Appeals for the Federal Circuit. He currently serves on the Editorial Board for the State Antitrust Practice and Statutes. Previously he was a member of the Editorial Board for the Antitrust Law Developments Annual Update publication. Additionally, Clay served both as the chair’s assistant and the chair-elect’s assistant for the Section of Antitrust Law.
Well done. This was an informative and interesting course on an important topic for corporate legal counsel.
This easy-to-understand presenter delivers a comprehensive and consistently superb program that makes the most of the time allotted. The engaging speaker concisely relates the types of conduct that violate antitrust laws aimed at cartel conduct; succinctly confers cartel enforcement trends; pithily shares enforcement techniques employed along with penalties levied; briefly conveys policy goals; and divulges the fundamentals of an effective compliance program aimed at avoiding cartel violations.
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