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Competition Law Enforcement in the E.U. - Dawn Raids -

First International Medical Device Compliance Congress May 26, 2008 Paris, France . Competition Law Enforcement in the E.U. - Dawn Raids - . Luc Gyselen Partner Arnold & Porter LLP, Brussels. Introduction: what our panel will discuss .

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Competition Law Enforcement in the E.U. - Dawn Raids -

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  1. First International Medical Device Compliance Congress May 26, 2008 Paris, France Competition Law Enforcement in the E.U.- Dawn Raids - Luc Gyselen Partner Arnold & Porter LLP, Brussels

  2. Introduction: what our panel will discuss • The European Commission’s competition law enforcement policy (Luc) • Dawn raids: how do they play out? (Anne) • Dawn raids: what about legally privileged documents (Kristina) • After the dawn raids: possible outcomes of an investigation (David) • Compliance and audits (Catriona)

  3. What I will discuss: competition law enforcement policy in the E.C. • When will the E.C. Commission consider undertaking dawn raids? • Serious infringements • Sector inquiries • Who are the E.C. Commission’s enforcement allies? • The infringing companies themselves: today leniency applicants, tomorrow settlement candidates • Other competition authorities: globalization of enforcement policy • What are the sanctions for serious infringements? • Fines (parent liability, successor liability) • Damages

  4. I. When will the E.C. Commission consider undertaking dawn raids? • Serious infringements • Traditional cases: cartels and abuses • Novel cases: collective vertical cartels, “hub-and-spoke” cartels • Sector enquiries (e.g. pharmaceutical sector January 2008) • Purpose • Powers

  5. II. Who are the E.C. Commission’s enforcement allies? • The infringing companies themselves • Leniency applicants • Settlement candidates • Other competition authorities • European Competition Network (ECN) • International Competition Network (ICN)

  6. III. What are the sanctions for serious infringements? • Public enforcement sanctions: fines and periodic penalties • Some figures • Parent liability / successor liability • Private damage claims • Collective redress • Access to evidence

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