Cartel Regulation


Cartel regulation involves the enforcement of antitrust laws that prohibit horizontal agreements between competitors to fix prices, manipulate bidding processes and otherwise divide. Read more…

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Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.


  • 1.

    Is your cartel enforcement regime criminal, civil, or administrative?

  • 2.

    Please describe the relevant legislation and enforcement agency(ies).

  • 3.

    Describe the investigative powers of the enforcement agency(ies).

  • 4.

    Have there been any recent changes to the relevant legislation or are there any proposals for change to the law? If so, please describe.

  • 5.

    Does the law apply to corporations, individuals, or both?

  • 6.

    May the law be enforced against cartel conduct that occurs outside the jurisdiction?

  • 7.

    Do your enforcement agencies cooperate with antitrust enforcement agencies in other countries? If so, what is the scope of and basis for that cooperation?

  • Penalties for Cartel Conduct

  • 8.

    What is the maximum penalty for a corporation found to have engaged in cartel conduct? Are there minimum penalties for corporations found to have engaged in cartel conduct? If so, please describe.

  • 9.

    What penalties does your regime contemplate for individuals? Please describe maximum penalties and minimum penalties, if any.

  • 10.

    Does your regime provide for imprisonment of individuals for cartel conduct?

  • 11.

    Describe the formal methodology for determining corporate fines.

  • 12.

    How are fines determined in practice?

  • 13.

    Does your jurisdiction allow cartel sanctions to be appealed? If so, describe the process.

  • 14.

    Does your jurisdiction allow private litigants to sue for cartel violations? If so, under what circumstances? What are the parameters of private litigation in the cartel context?

  • 15.

    Which party holds the burden of proof in cartel matters regarding both liability (conduct) and damages issues?

  • 16.

    Please describe any recent examples of significant penalties imposed upon corporations or individuals that engaged in cartel activities.

  • Raids

  • 17.

    In your jurisdiction, may competition authorities raid company headquarters? May they seize documents? Computers and other electronics?

  • 18.

    Please outline the procedures for a “dawn raid”.

  • 19.

    Please outline the company’s right of return for seized materials.

  • Leniency/Amnesty

  • 20.

    Does your jurisdiction allow leniency for cooperating corporations/individuals?

  • 21.

    Describe your country’s leniency programme.

  • 22.

    What types of cooperation are expected from a leniency applicant?

  • 23.

    Does leniency apply only to the first cooperating entity, or can subsequent applicants in the same market also qualify for leniency or reduced sanctions?

  • 24.

    What confidentiality assurances are given to leniency applicants?

  • 25.

    Is there a “marker” system, and how is it used in the leniency application process?

  • 26.

    What are the standards for receipt of a marker, and how do they differ from the standards that apply to the ultimate receipt of leniency?

  • 27.

    Can the availability of leniency in a particular market be ascertained on a “no-names basis”?

  • 28.

    Can a leniency marker be obtained by counsel on behalf of an unidentified client?

  • 29.

    May presentations for leniency purposes be made to the government on an oral basis, or are written materials required to be submitted?

  • 30.

    Please describe any noteworthy examples of leniency being granted in a cartel case in your jurisdiction.

  • 31.

    Has the government ever attempted to revoke a grant of leniency in your jurisdiction? If so, describe the circumstances.