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Saturday, November 24, 2012

Wils on Antitrust Compliance and Enforcement

Wouter P. J. Wils (King's College London - School of Law) has posted Antitrust Compliance Programmes & Optimal Antitrust Enforcement (Journal of Antitrust Enforcement, Volume 1, Issue 1, April 2013, Forthcoming) on SSRN. Here is the abstract:

Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher fines for antitrust infringements? Should the adoption of a compliance programme be imposed as part of infringement decisions or settlements? These are the questions which this paper examines, on the basis of an analysis of the nature of antitrust infringements, the rationale of company liability for antitrust infringements, and the possible positive and possible negative effects of compliance programmes.

http://lawprofessors.typepad.com/crimprof_blog/2012/11/wils-on-antitrust-compliance-and-enforcement.html

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Comments

Professor Wils is certainly a noted scholar, but in the area of compliance and ethics his analysis sets out a policy that harms antitrust compliance and undercuts the battle against cartels. Here are two responses to his paper:

Antitrust Compliance Programmes & Optimal Antitrust Enforcement: A Reply to Wouter Wils, by Damien Geradin
http://antitrust.oxfordjournals.org/content/early/2013/05/22/jaenfo.jnt004.full

And Quick Responses to “Antitrust Compliance Programmes & Optimal Antitrust Enforcement”
http://www.compliance-network.com/resources/miscellaneous/quick-responses/

Posted by: Joe Murphy | Oct 26, 2013 7:43:42 AM

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