Cartel Facilitators: When Vertical Conduct Crosses over to Horizontal Liability
11 AM EST
US and EU courts have recently affirmed the principle that cartel facilitators can be liable alongside cartel members. Decisions in AC-Treuhand and U.S. v. Apple Inc. are part of an enforcement trend capturing vertical behavior as cartel conduct. As we see increasing numbers of alleged cartel facilitator matters fall within the sights of enforcers, what do these cases tell us about possible future enforcement trends? Are there aspects of such mixed vertical and horizontal conduct that enforcers should consider when deciding whether to pursue cartel facilitators? What fact patterns present heightened risk, and how can compliance programs address such risk? Where are the legal limits of liability?
* Elizabeth Prewitt, Hughes Hubbard and Reed LLP
* Glykeria Demataki, Deputy Head of Unit Cartel Directorate of Directorate General for Competition
* David T. Blonder, Director, Legal Counsel at BlackBerry
* Richard A. Powers, Antitrust Division, United States Department of Justice
* Dr. Christian Steinle, Gleiss Lutz
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