Developments and Trends in Cartel Enforcement

Fierce Competition

Cartels may be as old as “Adam Smith’s smoke-filled room,” but in today’s world, they’re employing sophisticated tools like algorithms and AI. Enforcers continue to target price-fixing, bid-rigging and other potential antitrust violations.

Skadden attorneys Bill Batchelor (partner, Brussels and London) and James Fredricks (partner, Washington, D.C.) highlight what’s changed 一 and what hasn’t 一 when it comes to cartel enforcement. They compare and contrast prosecutorial priorities and methods on both sides of the Atlantic. “Prevention,” as Bill explains, “still remains far, far better than the cure.” Tune in for their insight and guidance to corporate counsel who may be navigating these waters.

💡 Meet Your Host 💡

Name: Bill Batchelor

What he does: Bill Batchelor has 20 years of EU and U.K. competition law experience and focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements. He regularly represents clients on EU and global merger control matters and litigation, and provides counsel on distribution and collaboration agreements in complex and highly regulated industries, such as health care, financial services, insurance, media and entertainment, and gambling, among others.

Organization: Skadden

Words of wisdom: “We may have been slightly slow to pick up no-poach as an area of cartel interest, but we’re speeding up over in Europe. I think the main headlines in terms of the enforcement trends are: traditional cartels are still very much part of the enforcement focus.”

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💡 Featured Guests 💡

Name: James Fredricks

What he does: James Fredricks counsels and defends clients on all types of antitrust investigations and prosecutions, as well as other complex and multijurisdictional actions brought by government enforcers. Previously, he served as an antitrust prosecutor at the U.S. Department of Justice for over two decades.

Organization: Skadden

Words of wisdom: “Just a couple of weeks ago, a jury returned a verdict against a couple of defendants in Savannah, Georgia, for fixing the prices of concrete, rigging bids for concrete, allocating customers for concrete. The legal theory that underpinned it was about as straightforward of a case of per se conduct as they come. No one should think that the government has abandoned its traditional prosecutorial priorities in this space.”

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Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.