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Competition

Criminalisation of cartels and bid rigging conspiracies

 

 9 June 2020  Paris  

Sanctions against cartels vary greatly across jurisdictions, from monetary fines against firms and other legal persons, to criminal sanctions (including custodial sentences) against individuals. In the last years, an increased adoption of criminal enforcement regimes has been observed across jurisdictions, in particular against hard core cartels, although custodial sentences remain quite limited in most jurisdictions.

In June 2020, the OECD will hold a roundatble on criminal enforcement against cartels, including in the area of public procurement (bid rigging). It will examine different types of criminal sanctions imposed against firms and individuals. It will also explore the different approaches to investigation and prosecution of criminal offences, as well as the role of corporate and individual leniency programmes, whistle-blower legislation and corporate compliance programmes in facilitating the discovery and reporting of illegal conducts. Finally, it will look at how competition agencies co-operate with prosecution authorities in their own jurisdictions.

All related documentation will become available on this page.

» See full list of best practice roundtables on competition

 

INVITED SPEAKERS

Hon. James Donato Bio  

Judge at the United States District Court for the Northern District of California

Barbara Rosenberg Bio    

Partner at Barbosa Müssnich Aragão, Brazil

Peter Whelan Bio   

Professor of Law, University of Leeds, UK

 

DOCUMENTS

» OECD Background note • Note de réflexion de l'OCDE

» Paper by Peter Whelan

» Paper by Barbara Rosenberg and Marcos Exposto

 

Contributions from delegations

Australia

Austria

Belgium

Colombia

Canada

Chile

Croatia

Egypt

Finland

Hungary

Israel

Korea

Mexico

Poland

Portugal

Russian Federation

Spain

Chinese Taipei

Ukraine

United States

BIAC

PRESENTATIONS

 

 

   

 

 

 

 

RELATED BEST PRACTICE ROUNDTABLES

Challenges and co-ordination of leniency programmes (2018) 

Sanctions in Antitrust Cases (2016) 

Plea Bargaining (2006) 

Cartel Sanctions against Individuals (2003)  

SEE ALSO

Recommendation of the Council concerning Effective Action against Hard Core Cartels (2019)

Recommendation of the Council on Fighting Bid Rigging in Public Procurement (2012)

Guidelines for Fighting Bid Rigging in Public Procurement (2009)

Pecuniary Penalties for Competition Law Infringements in Australia (2018)

OECD best practice roundtables on competition

More OECD work on competition

 

Related Documents