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International Cartels – Comparative Perspectives on Practice, Procedure and Substance

2nd February 2007

Topics:

I. EXTRATERRITORIALITY AND EXTRADITION

  • The extraterritorial application of UK and US competition laws - perspectives and developments
  • Extradition and other multi-jurisdictional enforcement tools

II. ISSUES FOR THE DEFENCE - INVESTIGATIONS

  • Responding to criminal competition law investigations - dawn raids, documents and more
  • The importance of the internal investigation - best practices and comparative perspectives
  • Ethical and practice issues

III. CIVIL LIABILITY FOR CARTEL CONDUCT

  • Possible grounds of civil liability for cartel activity
  • Reducing the scope of damages as a result of pleas/negotiations
  • Prospects of change in the UK?

IV. SEEKING IMMUNITY OR LENIENCY

  • International immunity/leniency regimes - developments in the EU, UK, US and Canada
  • Practical considerations in advising the immunity/leniency applicant
  • Perfecting the application
  • Issues for second-ins
  • Stolt-Nielsen revisited - ensuring compliance with the terms of a grant of immunity

This seminar is part of the Institute's seminar series State Jurisdiction in a Global Environment: Rethinking Extraterritoriality. The series aims to shed a modern light on this age-old discussion about States' prerogative to regulate conduct taking place outside their territory and the constraints imposed by international law. Focusing on recent developments in areas such as competition law, human rights, criminal law, financial and corporate law, investment law, internet law, each lecture will address one specific instance of extraterritorial application and enforcement of laws, the challenges that such application/enforcement raise and the possible mechanisms that may be put in place to meet such challenges. The series will continue throughout 2007.

This series is kindly being sponsored by

Clifford Chance

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For all those attending there will be a sandwich lunch at 12:15pm and the workshop will be followed by a reception.

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