Programme

15:00 Why do countries with criminal antitrust sanctions fail to incarcerate price fixers?

Many jurisdictions have criminalized cartel conduct and authorized custodial sentences for offenders in efforts to enhance antitrust enforcement. The speakers discuss their Journal of Antitrust Enforcement paper, which explores why so few of those jurisdictions have imposed prison sentences on cartelists. Although data problems lead to understating the number of incarcerations, the record is not robust. The speakers find that the reasons are varied. Statutory impediments and poor case selection are important factors. Others include poor case management, separation of investigation and prosecutorial responsibilities and judicial reluctance to impose sentences on ‘white collar’ criminals. In addition, lack of public support and cultural differences in sentencing in general also probably play roles.explore why so few of those jurisdictions have imposed prison sentences on cartelists. Although data problems lead to understating the number of incarcerations, the record is not robust. The speakers find that the reasons are varied. Statutory impediments and poor case selection are important factors. Others include poor case management, separation of investigation and prosecutorial responsibilities and judicial reluctance to impose sentences on ‘white collar’ criminals. In addition, lack of public support and cultural differences in sentencing in general also probably play roles.

Chair: Liza Lovdahl Gormsen
Liza is an antitrust lawyer, who specializes in European and UK antitrust. Until recently, she was a Senior Advisor to the UK Financial Conduct Authority. Currently, she is a Director at Forward Global where she advises on the Digital Markets Act and Digital Services Act.

Speakers:

Terry Calvani
Terry retired from Freshfields Bruckhaus Deringer US LLP on April 30, 2019, where he practiced competition law. Previously he served as Commissioner of the US Federal Trade Commission (1983-1990) serving as its head in 1984-85

Rory Jones
Rory Jones is a senior associate in Freshfields’ competition team. He regularly advises clients on behavioural matters, including antitrust compliance and Competition Act investigations. Before joining Freshfields, Rory was an associate at another international law firm, based in London.

Professor Andreas Stephan
Andreas is a Professor of Competition Law and Head of the School of Law at the University of East Anglia (UEA), and a member of UEA’s Centre for Competition Policy (CCP). He is also a Panel Member of the Officer for the Internal Market (OIM) at the UK’s Competition and Markets Authority (CMA).

16:30 Refreshment break

17:00 Book Launch: Robert D. Anderson, Alison Jones and William E. Kovacic, Combatting Corruption and Collusion in Public Procurement: A Challenge for Government’s Worldwide (Oxford University Press, 2024)

Corruption in public procurement typically involves procurement decisions taken in favour of preferred bidders in exchange for improper compensation (the acceptance of bribes, for example), while supplier collusion refers to a type of cartel activity, in which firms rig their bids in a tendering process. Although these practices are distinct, they frequently occur together in the public procurement context, reinforcing one another. Combatting Corruption and Collusion in Public Procurement: A Challenge for Governments Worldwide examines the causes of corruption and collusion in the public procurement sphere, its resulting harm, and how states can best try to combat these practices. It provides a legal, economic, and practical analysis of relevant issues both generally and in seven diverse and representative jurisdictions: the United Kingdom, the United States, Brazil, Hungary and Poland, Ukraine, and Canada. It encompasses a discussion of both 'generic' cross-jurisdictional issues and specific proposals for individual jurisdictions. The book stresses the need for a multi-faceted and joined-up approach to the problems, emphasizing the importance both of enhanced investment in the effective enforcement of anti-corruption and cartel laws and of increasing the resilience of public procurement systems to corruption and collusion through a range of measures. The relevance of the topic to the social and economic well-being of citizens and the survival of democratic governance is highlighted throughout the book.

Chair: Liza Lovdahl Gormsen

Speakers:

Michael Bowsher KC
Michael Bowsher KC has a busy practice in public procurement, competition and commercial law, particularly in disputes concerning major public and public-private projects. He is particularly known for his unique practice in regulated procurement in the United Kingdom, Ireland, elsewhere in Europe and beyond.

Lord Garnier KC
Edward advises and acts for companies and individuals whose rights have been adversely affected by foreign governments and agencies. He is a member of the House of Lords and has his own practise which focuses on corporate advisory and financial services work, corporate crime and international human rights as well as defamation, privacy, confidence, malicious falsehood, contempt and related media law cases.

Professor Andreas Stephan

Professor Kamala Dawar
Kamala specialises in global economic governance, with a focus on international trade and sustainable development. She has over 25 years experience working with and for universities, international organisations, governments and public interest groups on international economic law and public policy issues such as trade, competition, public procurement, sustainable development and gender empowerment and social inclusion.

Writers of the book Robert D. Anderson, Alison Jones and William E. Kovacic will also be present. 

This event will be followed by a Drinks Reception.