Criminal sanctions

Australia, Cartels, Criminal enforcement, Criminal sanctions, Disclosure, Leniency

, (K&L Gates)/ /Leave a comment

Legal professional privilege (LPP) has long been recognised as a powerful, though controversial protection. As the Australian High Court once declared, it is “a practical guarantee of fundamental constitutional or human rights”.[1] Yet, despite its well-established jurisprudential position, its utilisation to protect internal cartel investigation records of criminal cartel immunity applicants (IA) from being disclosed…

Criminal sanctions, Individual Sanction, Poland

(Eversheds Sutherland)/ /Leave a comment

2021 – the year of first decisions – the law, the practice, and the facts The law The possibility to impose financial fines on individuals in case of undertaking anti-competitive agreements by companies was introduced into the Polish competition law in 2015. It is a responsibility of a subsidiary nature  – firstly, an undertaking must…

Competition proceedings, Criminal sanctions, Dawn raids, Denmark, ECN, Interim measures, Investigations, Liability

, , (Kromann Reumert)/ /Leave a comment

The ECN+ Directive requires all EU Member States to confer upon their national competition authorities certain enforcement and sanctioning powers. The Danish implementing act, no. L 116 (link only available in Danish), was passed by the Danish Parliament on 9 February 2021. Although the ECN+ Directive was adopted on 11 December 2018, and therefore well-known…

Bid-rigging, Cartels, Criminal sanctions, Ireland

(The Economic and Social Research Institute, Trinity College Dublin)/ /Leave a comment

Introduction In Ireland’s first bid-rigging case the Court of Appeal in its 20 June 2018 judgment decided that: (i) the €7,500 fine imposed by the Central Criminal Court on Brendan Smith was unduly lenient and raised it to €45,000; but (ii) that it was not unduly lenient of the Central Criminal Court to have imposed…