Lincoln’s Inn lecture on public and private enforcement: part 2 – the Damages Directive and the protection of leniency statements and settlement submissions

Thomas Sharpe QC and James Flynn QC invited me to speak to the Lincoln’s Inn Eurogroup on the relationship between public and private antitrust enforcement. This is the first main section of the speech. on the damages directive and the protection of leniency statements and settlement submissions. The others are: Publications and the content of […]

Lincoln’s Inn lecture on public and private enforcement: part 1 – overview

Thomas Sharpe QC and James Flynn QC invited me to speak in November to the Lincoln’s Inn Eurogroup on the relationship between public and private antitrust enforcement. I’ve posted the main sections of the speech here: The Damages Directive and the protection of leniency submissions and settlement statements; Publications and the content of decisions; Single […]

Investors and Consumers

A small point, but one worth repeating. Competition law works to benefit society, not necessarily investors in individual companies. This story may be apocryphal but I heard of a headline in an – investor focussed – newspaper, after an air crash that focussed more on the share price of the airline than on the number of […]

The Damages Directive, Donau and Pfleiderer

The final text of the Council and Parliament Damages Directive protects corporate leniency statements and settlement submissions. There are two small caveats. First, national judges have the right to verify that corporate leniency statements are in fact that, and are not concealing other information. Second, settlement submissions that the parties subsequently withdraw are potentially accessible […]