Cartel regulation—European Union—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Cartel regulation—European Union—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a separate tribunal or the courts?
  • 3. Have there been any recent changes, or proposals for change, to the regime?
  • 4. What is the substantive law on cartels in the jurisdiction?
  • 5. To what extent are joint ventures and strategic alliances potentially subject to the cartel laws?
  • 6. Does the law apply to individuals, corporations and other entities?
  • 7. Does the regime apply to conduct that takes place outside the jurisdiction (including indirect sales into the jurisdiction)? If so, on what jurisdictional basis?
  • 8. Is there an exemption or defence for conduct that only affects customers or other parties outside the jurisdiction?
  • 9. Are there any industry-specific infringements? Are there any industry-specific defences or exemptions?
  • More...

Cartel regulation—European Union—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cartel regulation in European Union published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Dechert LLP—Mélanie Thill-Tayara; Marion Provost

1. What is the relevant legislation?

Cartels that have an effect on trade between member states of the European Union are prohibited under article 101 of the Treaty on the Functioning of the European Union (TFEU), which applies to all agreements and concerted practices that have as their object or effect the prevention, restriction or distortion of competition within the internal market. The European Commission (EC), which is primarily in charge of enforcing article 101 TFEU at the European level, issued specific guidelines in 2011 to help undertakings self-assess their horizontal cooperation agreements under EU competition law (Guidelines on the applicability of article 101 TFEU to horizontal cooperation agreements, 2011/C 11/01). Although these guidelines are not intended to provide guidance as to what does or does not constitute a cartel, it nonetheless contains several references to cartels as well as a specific chapter on the competitive assessment of information exchange that, depending on the circumstances and type of information exchanged, may be fined as cartels.

2. Which authority investigates cartel matters? Is there a separate prosecution authority? Are cartel matters adjudicated or determined by the enforcement agency, a

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