Role of Former Employees as Witnesses of Cartel Behaviour
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2013 ICN Cartel Workshop Cape Town, 17 October PowerPoint PPT Presentation


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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.

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2013 ICN Cartel Workshop Cape Town, 17 October

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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

  • 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

  • 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

  • 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

  • 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?

  • 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

  • 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”


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