INTRODUCTION Contributed by: Mark Rosman, Proskauer
Frameworks In many cases, there have been significant and sometimes nuanced changes to cartel laws, procedures and personnel. The contributing authors, all chosen experts in their jurisdictions, will cover the legal and procedural frameworks in their respective countries: What constitutes a violation? Which are the key procedures of which to be aware? The experts will describe the various leniency and whistle-blower regimes: Does a leniency programme exist and how does it work? They will describe the enforcement framework, giving insights into local cartel regulators and how each works: Who is responsible for cartel enforce - ment? How do they run an investigation? Remedies will be covered as well so that com - panies and practitioners can fully understand the potential fines and consequences of cartel sanctions in each jurisdiction. Over 40 countries have laws imposing some kind of criminal penal - ties on cartel participants. So, it is important to know: Are there criminal penalties involved? Can employees go to jail for cartel offences? One potentially significant consequence that flows from cartel regulation is the risk of private civil litigation and follow-on damages: What is the risk of being sued by customers or consum - ers? How much is at stake? In America, almost as night follows day this risk is extremely high. As more countries adopt a private damages regime, this risk grows. This guide and its contributing authors will cover, by jurisdiction, these topics and any respec - tive changes in depth. But the common thread remains that cartel enforcement is a worldwide priority and will continue to be so especially dur - ing and in the aftermath of economic crisis and
Global Overview for Cartels 2025 “ You can’t step into the same river twice. ” – Heraclitus “ What is actual is actual only for one time. And only for one place. ” – T.S. Eliot “ Change. You can change. ” – Tears for Fears Introduction While change may be an inevitable and constant force with which to be reckoned, 2025 presents a year of sweeping changes and unique chal - lenges for business people, competition lawyers, and regulators alike. The year presents astonish - ing political, technological, and socio-economic transition. The prospect of new tariffs and trade wars great - ly complicates the competitive landscape and underscores how intimately connected and inex - tricably intertwined commerce is among nations. From a technological perspective, the introduc - tion of artificial intelligence promises to not just change but transform business, economics, and indeed life as we know it. Challenging and uncertain economic times give birth to cartels. But amidst all this change, one constant counter-trend emerges: cartel enforce - ment. Across the globe, a near universal view remains among agencies and courts that cartel behaviour harms consumers by raising prices and reducing output, and needs to be stopped. Against this backdrop, welcome to the Cham - bers Cartels 2025 Global Overview. Here, read - ers will find the current state of play for cartel enforcement and private damages suits in 12 countries and the EU, across three continents.
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