Competition and sanctions in antitrust cases

Paris, 2/12/16 - The 2016 OECD Global Forum on Competition will be discussing "Sanctions in antitrust cases" on its second day.

Competition law offenders are often subject to fines (civil, administrative or criminal). Fines impose a cost on those companies or individuals undertaking illegal anticompetitive conduct. Breaking competition laws is profitable if it goes undetected. Fines play a role in deterrence by making unlawful conduct less profitable.

From the perspective of the company, it will not violate the law if the expected monetary sanctions are greater than the expected illegal gain. It may have a financial incentive to violate the law if the expected illegal gain is greater than the expected monetary sanctions. Behind this trend, a number of competition authorities have put forth a great deal of effort to adopt or revise their legislation or guidelines on fines.

This discussion addressed how sanctions including fines are applied in various jurisdictions and benefited from participating delegations' enforcement experiences.

Download the 2016 Forum Agenda English • Français

Global Forum website • Full list of Competition Policy Roundtables

GLOBAL FORUM SESSION DOCUMENTATION

PANNELISTS, PAPERS AND PRESENTATIONS

Caron BEATON-WELLS Bio
Professor, University of Melbourne, Australia
presenting Criminal sanctions for cartel conduct – The leniency conundrum

Vani CHETTY Bio
Partner, Baker & McKenzie
presenting Sanctions in antitrust cases - A South African perspective

John M. Connor Bio
Professor Emeritus, Purdue University, West Lafayette, US
presenting Global enforcement directed at international cartels:
A concise introduction and summary

Hwang LEE Bio
Professor, Korea University School of Law
presenting Antitrust fines in the era of globalization

SUMMARY DOCUMENT

Detailled summary of the discussion

KEY DOCUMENTS

Background paper by the Secretariat