Role of Former Employees as Witnesses of Cartel Behaviour
Download
1 / 7

2013 ICN Cartel Workshop Cape Town, 17 October - PowerPoint PPT Presentation


  • 97 Views
  • Uploaded on

Role of Former Employees as Witnesses of Cartel Behaviour Breakout Session 4 Moderators: Una Johannsdottir, Swedish Competition Authority Randy Hughes, Partner, Bennett Jones, Canada. 2013 ICN Cartel Workshop Cape Town, 17 October. Outline of this session.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' 2013 ICN Cartel Workshop Cape Town, 17 October' - hasad-dean


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript

Role of Former Employees as Witnesses of Cartel Behaviour Breakout Session 4Moderators:Una Johannsdottir, Swedish Competition AuthorityRandy Hughes, Partner, Bennett Jones, Canada

2013 ICN Cartel Workshop

Cape Town, 17 October


Outline of this session
Outline of this session

  • Introduction and briefoverviewof the subjectmatter from the agencyperspective and the defenceperspective

  • Presentation oftopics for discussion

  • Open-floordiscussionand exchangeof relevant experiences


Involvement of former employees in cartel investigations
Involvement of Former Employees in Cartel Investigations

  • Former employees involvement in case initiation

    • Tip-off / complaint

    • Immunity / Leniency application

  • Targets of investigative measures

    • Request for information

    • Interviews

    • Dawn raids

  • Witnesses in court


Benefits and challenges
Benefits and challenges

  • Challenge for NCAs to find witnesses of cartel behaviour

  • Former employees often have valuable information about the company, the market and the infringement

  • Difficulties in obtaining their cooperation

  • More likely to give accurate account than current employees?

  • Evidential value

    • Credibility

    • History / reasons for termination

    • Connections /current employment

    • Role of the employee in the infringement


Topics for discussion 1 challenges in relying on former employees as witnesses
Topics for discussion (1): Challenges in relying on former employees as witnesses

  • Credibility

  • Motivation

    • Reason for cooperating

  • History and reasons for termination

  • Connections and currentemployment

  • Other?


Topics for discussion 2 how are former employees covered by the immunity leniency programmes
Topics for discussion (2):How are former employees covered by the immunity / leniency programmes?

  • As a part of a company’simmunity / leniencyapplication

  • Immunity from individualsanctions

  • Requirementtoactivelycooperate

  • Need for separatecounsel?

  • Other?


Topics for discussion 3 securing cooperation of former employees
Topics for discussion (3): Securing cooperation of former employees

  • How can agencies secure cooperation of former employees?

  • Safeguards

    • Role of the employee in the infringement

    • Risk of self-incrimination

  • Whistleblowers that do not want to be identified

    • Possibility of protecting the identity of former employees that act as whistleblowers

    • Can information from former employees who do not want to be identified be used as evidence?

  • Small markets with few actors

    • Reputation and future aspects

    • ”Where everybody knows your name”


ad