Wildcard Strategy - The Emerging Cooperation Procedure in Non-Cartel Investigations

February 28, 2019

In the past four or five years, the European Commission has adopted a new procedure in non-cartel investigations: in four cases it has lowered the fines of companies which acknowledged liability, provided additional evidence and/or facilitated the adoption of a remedy. This emerging “antitrust-cooperation” or “non-cartel cooperation” procedure has gone relatively unnoticed and the available guidance is limited. 

This article distils the principles which the Commission appears to apply and identifies a number of areas which require clarification before the procedure can become mature. Until then, companies accused of abusing their dominant position or committing a vertical infringement will face uncertainty when balancing the pros and cons of cooperation.

Read the full article here: Wildcard Strategy - The Emerging Cooperation Procedure in Non-Cartel Investigations