Civil & Criminal Competition Enforcement A U.S. Perspective - - PowerPoint PPT Presentation

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Jul 11, 2023 31 likes •63 views

Civil & Criminal Competition Enforcement A U.S. Perspective Chile Competition Day 17 November 2016 Criminal Prosecution in the U.S. Only hard core cartels pursued criminally: price fixing, bid - rigging, and allocation agreements

SLIDE 1

Civil & Criminal Competition Enforcement A U.S. Perspective

Chile Competition Day

17 November 2016

SLIDE 2

Criminal Prosecution in the U.S.

U.S. Department of Justice Antitrust Division 2

Only “hard core” cartels pursued criminally: price fixing, bid-

rigging, and allocation agreements

Bright lines between civil and criminal conduct give clear

notice and prevent chilling of pro-competitive conduct

Severity of criminal sanctions make criminal prosecution

inappropriate for:

“Gray conduct” (e.g. information exchanges)
Non-hardcore, per se conduct
Will not enter into civil resolutions of criminal conduct

SLIDE 3

Criminal & Civil Settlements

U.S. Department of Justice Antitrust Division 3

Significant benefits and efficiencies for courts and parties:
Time and expense savings by avoiding trial
Frees resources for more productive uses
Speeds investigations
Cooperation from pleading defendants
Certainty and finality of the resolution