Israel Antitrust Authority on Cartel Case Settlements

•

1 like•846 views

OECD Directorate for Financial and Enterprise Affairs

OECD-BWB Workshop on Complex Cartel Case Management December 2018

Presentations & Public Speaking

• Cartels = criminal enforcement
• Settlements in cartel cases are plea bargains
• Option for bargaining before indictment
• Re-drafting the indictment in a plea bargain
– Dropping offences or aggravating circumstance
• Bargaining with ring leaders vs. minor participants
– The ring leaders set the top but do the minor
participants really set the bottom?
• Different options – fixed specific sentence vs. fixed
range vs. guilty plea and no-sentence-bargain

• Option for bargaining BEFORE FILING the indictment
– Inform the suspect of pending indictment and start
bargaining
– The suspect can influence the indictment so it will
never have included certain aggravating
circumstances
– Before filing the indictment = maximum flexibility in
adding witnesses
– Major Caveats:
• Although tempting, never bargain before you are
ready to file the indictment
• How does mitigating the indictment influence other
indictments in the same cartel?

• Re-drafting the indictment in a plea bargain
– The accused mainly aims for a reduced sentence
– The state / competition authority aims to deter others
– This infers that usually we first agree on sentence
and then redraft the indictment (and not the other
way around)
– Dropping offences and aggravating circumstance: do
not stray from the story
– Issue: do we consider private prosecutors who are
counting on the criminal proceedings?

• Bargaining with ring leaders vs. minor participants
– The ring leaders set the top but do the minor
participants really set the bottom?
• Indeed, the ring-leader’s sentence will probably set
the top – the others will probably not be sentenced
to harsher punishment
• But, the minor participant’s sentence will not
necessarily set the bottom – the ring-leader may
be sentenced to similar punishment

• Different options – fixed specific sentence vs. fixed
range vs. guilty plea and no-sentence-bargain
– If a fixed sentence bargain can’t be reached, consider
option of a fixed RANGE.
– As in: the accused will admit the facts of agreed
indictment and both sides will ask the court to
consider a sentence of no more than X time in prison
and no less than Y time in prison.
– One of the pro’s for fixed range: most likely no appeal

Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance. To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/adr-settlement-2021/

Chapter 2 - The Resolution of Private DisputesUAF_BA330

Criminal Trial ProcessMr Shipp

Adversarial system under criminal law

gagan deep

What's hot

Deposition announcement

nancytibbs

Module 1.4

dlcompliance

Hsa Review Unit Sixbilly_shulman

Precedent (Court of Appeal & Supreme Court)

Miss Hart

You be the judgeTim Musgrave

Mock trial as stroytelling

pjkelly

T 3

Mạc Thiên

Sentencing theories 2012Miss Hart

Mechanics of Precedent

Miss Hart

092109 Gov Legal Procedure 50mguestea1de88

Vocabulary for unit 3jenmeltzer

What's hot (11)

Deposition announcement

Module 1.4

Hsa Review Unit Six

Precedent (Court of Appeal & Supreme Court)

You be the judge

Mock trial as stroytelling

T 3

Sentencing theories 2012

Mechanics of Precedent

092109 Gov Legal Procedure 50m

Vocabulary for unit 3

Similar to Israel Antitrust Authority on Cartel Case Settlements

Strengths and Weakness of the Western Australian Adversarial (1).pptx

AndrewBell441612

Classification of Law

Mr Shipp

Trial, verdict

Jena Heath, St. Edward's University

How to settle a claim and how not to

SibraWebDev

Ch 05 the court system class ppt

sjh94

Courts systemLegalEyres

U402 a court processes and procedures (working progress)Crystal Delosa

ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)

Financial Poise

Chapter 2 - The Resolution of Private DisputesUAF_BA330

Criminal Trial ProcessMr Shipp

Adversarial system under criminal law

gagan deep

NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement

Financial Poise

Many cases are litigated outside of the court system through the use of alternative dispute resolution methods such as arbitration, and the vast majority of cases settle before they reach trial, either as a result of the parties’ efforts or with the help of a mediator. This webinar covers the basics of arbitration and mediation, presenting an effective case to a neutral third party, and negotiating and documenting a successful settlement, either directly or with a mediator’s assistance. Part of the webinar series: NEWBIE LITIGATOR SCHOOL- 101 PART II 2022 See more at https://www.financialpoise.com/webinars/

Lawsuit 2AllmandandLee

Chapter7SUNY Ulster

Lawsuit pptAllmandandLee

SMLAA Webinar Slidedeck

D. Todd Smith

The presentation seeks to educate trial lawyers on issues that arise following a jury verdict, including: formulating or opposing a final judgment from the verdict (including interest and other elements); calculating post-verdict deadlines; when the judgment is "final" for purposes of appeal vs. execution; superseding the judgment (what and for how long; options); preservation of error; perfecting appeal and getting the record; advising the client on realistic appellate expectations (timing, cost, and outcomes)—including what to prove up regarding appellate attorney's fees.

C24 Fraud In The Workplace 3 Mock Trials)[1]

Pw Carey

Eth 321 final exam guide

patience12123

For more course tutorials visit uophelp.com is now newtonhelp.com www.newtonhelp.com Civil enforcement powers regarding federal antitrust matters belong to _______. • the Treasury Department • the Department of Revenue and Taxation • the FTC and the Department of Justice • the Department of Labor Which of the following is true of tort law? • It protects people from being tried twice for the same crime.

Court system

LuisaGoytia

U402 Part B civil procedures and the jury system Crystal Delosa

Similar to Israel Antitrust Authority on Cartel Case Settlements (20)

Strengths and Weakness of the Western Australian Adversarial (1).pptx

Classification of Law

Trial, verdict

How to settle a claim and how not to

Ch 05 the court system class ppt

Courts system

U402 a court processes and procedures (working progress)

ADR & Settlement (Series: Newbie Litigator School 101 - Part 1)

Chapter 2 - The Resolution of Private Disputes

Criminal Trial Process

Adversarial system under criminal law

NEWBIE LITIGATOR SCHOOL- PART II 2022 - ADR & Settlement

Lawsuit 2

Chapter7

Lawsuit ppt

SMLAA Webinar Slidedeck

C24 Fraud In The Workplace 3 Mock Trials)[1]

Eth 321 final exam guide

Court system

U402 Part B civil procedures and the jury system

More from OECD Directorate for Financial and Enterprise Affairs

Competition and Regulation in Professional Services – KLEINER – June 2024 OEC...

OECD Directorate for Financial and Enterprise Affairs

OECD Competition Trends 2024 - Highlights

OECD Directorate for Financial and Enterprise Affairs

Use of Economic Evidence in Cartel Cases – CAMACHO – December 2023 OECD discu...

OECD Directorate for Financial and Enterprise Affairs

This presentation by Cristina Camacho, Head of Cabinet and Head of International Relations, Portuguese Competition Authority, was made during the discussion “Use of Economic Evidence in Cartel Cases” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/egci. This presentation was uploaded with the author’s consent.

Ex-post Assessment of Merger Remedies – KOVACIC – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

This presentation by William E. Kovacic, Global Competition Professor of Law and Policy and Director, Competition Law Center, The George Washington University, was made during the discussion “Ex-post Assessment of Merger Remedies” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/eamr. This presentation was uploaded with the author’s consent.

Ex-post Assessment of Merger Remedies – KWOKA – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

This presentation by John E. Kwoka, Neal F. Finnegan Distinguished Professor of Economics, Northeastern University, was made during the discussion “Ex-post Assessment of Merger Remedies” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/eamr. This presentation was uploaded with the author’s consent.

Ex-post Assessment of Merger Remedies – FLETCHER – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

Ex-post Assessment of Merger Remedies – OECD – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

Use of Economic Evidence in Cartel Cases – DAVIES – December 2023 OECD discus...

OECD Directorate for Financial and Enterprise Affairs

Use of Economic Evidence in Cartel Cases – ROBERTS – December 2023 OECD discu...

OECD Directorate for Financial and Enterprise Affairs

This presentation by Simon Roberts, Professor, Centre for Competition, Regulation and Economic Development, University of Johannesburg, was made during the discussion “Use of Economic Evidence in Cartel Cases” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/egci. This presentation was uploaded with the author’s consent.

Alternatives to Leniency Programmes – SERBIA – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

Alternatives to Leniency Programmes – ITALY – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

Out-of-Market Efficiencies in Competition Enforcement – CRANE – December 2023...

OECD Directorate for Financial and Enterprise Affairs

This presentation by Daniel CRANE, Richard W. Pogue Professor of Law, University of Michigan, was made during the discussion “Out-of-Market Efficiencies in Competition Enforcement” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/omee. This presentation was uploaded with the author’s consent.

Out-of-Market Efficiencies in Competition Enforcement – DAVIES – December 202...

OECD Directorate for Financial and Enterprise Affairs

Out-of-Market Efficiencies in Competition Enforcement – ROSE – December 2023 ...

OECD Directorate for Financial and Enterprise Affairs

This presentation by Nancy ROSE, Head of the Department of Economics and Charles P. Kindleberger Professor of Applied Economics, Massachusetts Institute of Technology (MIT), was made during the discussion “Out-of-Market Efficiencies in Competition Enforcement” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/omee. This presentation was uploaded with the author’s consent.

Out-of-Market Efficiencies in Competition Enforcement – ROSENBOOM – December ...

OECD Directorate for Financial and Enterprise Affairs

Serial Acquisitions and Industry Roll-ups –TZANAKI – December 2023 OECD discu...

OECD Directorate for Financial and Enterprise Affairs

Serial Acquisitions and Industry Roll-ups – GOGA – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

Serial Acquisitions and Industry Roll-ups – KOKKORIS – December 2023 OECD dis...

OECD Directorate for Financial and Enterprise Affairs

This presentation by Ioannis KOKKORIS, Chair in Competition Law and Economics and Director, Centre for Commercial Law Studies, Queen Mary University of London, was made during the discussion “Serial Acquisitions and Industry Roll-ups” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/sair. This presentation was uploaded with the author’s consent.

Serial Acquisitions and Industry Roll-ups – OECD – December 2023 OECD discussion

OECD Directorate for Financial and Enterprise Affairs

Competition and Innovation - The Role of Innovation in Enforcement Cases – VE...

OECD Directorate for Financial and Enterprise Affairs

This presentation by Simonetta VEZZOSO, Associate Professor, Economics Department, University of Trento, was made during the discussion “Competition and Innovation - The Role of Innovation in Enforcement Cases” held at the 141st meeting of the OECD Competition Committee on 5 December 2023. More papers and presentations on the topic can be found out at oe.cd/rbci. This presentation was uploaded with the author’s consent.

More from OECD Directorate for Financial and Enterprise Affairs (20)