EU competition law strictly prohibits cartel activity, such as price fixing, market sharing or bid rigging between competitors. The European Commission and Member State competition authorities possess wide-ranging powers to investigate and punish cartel infringements, including the power to levy very substantial fines on infringing companies, and criminal sanctions are also provided for in a number of Member States. In the case of large international cartels, European competition law enforcers increasingly exercise their powers in cooperation with enforcers located elsewhere in the world, particularly in the United States. The extensive investigatory powers enjoyed by European competition law enforcers mean that a company and its employees should be properly prepared to deal with any cartel investigation, to minimize the disruption to its business and to deal appropriately with the unwelcome attention of the press and investment community. In addition, a company under investigation will need to consider carefully its future defence strategy, including weighing the possibility of applying for leniency or otherwise cooperating with the competition authorities. The substantial challenges of dealing with cartel investigations make counselling from specialist legal advisers essential to successfully defending the company’s interests. Van Bael & Bellis has assisted clients in many of the most significant European cartel cases over the years, including European Commission investigations in amino acids, vitamins, seamless steel tubes, carbonless paper, plasterboard, newsprint, publication papers, specialty graphite, food flavour enhancers, Norwegian gas and copper tubes, to name just a few. Many of these cases have involved parallel North American proceedings. The firm has also represented many clients before the EU Courts in appeals against Commission decisions in cartel cases. The firm regularly creates tailor-made compliance programs for clients to reduce the risks of infringements occurring, and has produced its own compliance DVD. |
