Cartel story: on a single and continuous path post Soliver?
26 November 2015

19.00h (by teleconference / in-person)(CET) - 20.30h (cocktail to 9pm)
Late registration starts: 26.11.15

Kevin Coates
Head of Unit: Cartels I
European Commission
By teleconference
In-person: Renaissance Brussels Hotel
Rue du Parnasse, 19
1050, Brussels
Joining details:Sent to registered participants at 16.30h (CET) (26.11.15)
CPD:Accredited by the UK's SRA for 1.5 hours CPD
The Court of Justice’s October 2014 judgment in Case T-68/09 Soliver NV -v- European Commission has prompted some reflection on how to avoid procedural law objections based on the arguments raised in Soliver that could undermine the characterisation of a cartel participant’s actions as a single and continuous infringement (‘SCI’).

The trend towards increasingly intrusive Commission inspections could significantly increase the complexity & volume of evidence that investigators need to review to find inculpatory evidence and produce the SO and ultimately any fining Decision.

Issues that Kevin Coates has kindly agreed to discuss include:

  • How to draft a cartel Decision taking into account the roles of different participants?
  • In a Damages Directive-era of potential joint & several SCI liability to extensive claims, how many alternative characterisations of the infringement need to be set out in order to ensure that the rights of the defence are properly respected?
  • How to characterise a fringe player’s participation in a broader infringement?
Join us in a ‘Chatham House’ rule discussion about how the latest techniques in investigating and crafting the story of a complex cartel in an increasingly intrusive IT-search age can remain compliant with the rights of defence enunciated in Soliver and more recent case-law such as the ECtHR’s 02 April 2015 ruling in the Vinci case.

List of participants (updated 25.11.15)

Judgment of the General Court in Case T-68/09 Soliver NV -v- European Commission (10.10.2014)

Explanatory note on Commission inspections (11/09/2015)

Kevin Coates's 21st Century Competition blog

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The discussion will last up to 90 minutes. All participants will receive the speaker's presentation and will be able to ask questions.

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