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Global Justice Forum

Global Justice Forum. By Michael Hausfeld. US DOJ Antitrust Division Criminal Fines. Niall Lynch, Krystal Bowen, Hill Welford & Holly House, Surviving in a Toughened Antitrust Enforcement Regime, The Bar Association of San Francisco , October 6, 2009,.

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Global Justice Forum

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  1. Global Justice Forum By Michael Hausfeld Washington / San Francisco / New York / Philadelphia / London

  2. US DOJ Antitrust Division Criminal Fines Niall Lynch, Krystal Bowen, Hill Welford & Holly House, Surviving in a Toughened Antitrust Enforcement Regime, The Bar Association of San Francisco, October 6, 2009, Washington / San Francisco / New York / Philadelphia / London

  3. Global Spread of Antitrust Regimes: 1980 Niall Lynch, Krystal Bowen, Hill Welford & Holly House, Surviving in a Toughened Antitrust Enforcement Regime, The Bar Association of San Francisco, October 6, 2009, Washington / San Francisco / New York / Philadelphia / London

  4. Global Spread of Antitrust Regimes:1990 Niall Lynch, Krystal Bowen, Hill Welford & Holly House, Surviving in a Toughened Antitrust Enforcement Regime, The Bar Association of San Francisco, October 6, 2009, Washington / San Francisco / New York / Philadelphia / London

  5. Global Spread of Antitrust Regimes: Today Niall Lynch, Krystal Bowen, Hill Welford & Holly House, Surviving in a Toughened Antitrust Enforcement Regime, The Bar Association of San Francisco, October 6, 2009, Washington / San Francisco / New York / Philadelphia / London

  6. Corporations Transform Legal Departments into Profit Centers • “IF YOU’RE LOOKING for a quick way to repair the legal department’s image as a cost center, try depositing $170 million into company coffers in less than a year. That’s what Tom Sager, vice president and assistant general counsel of DuPont Legal at E.I.du Pont de Nemours and Co., has done in 2005.” • “But that money didn’t just fall into his lap. The company’s lawyers pursued it bit by bit as part of a plan Sager started at the end of 2003 to transform the legal department from a cost center to a legitimate contributor to the bottom line.” • “While corporations have traditionally been wary of willingly taking on extra legal work, Sager saw doing so as a business necessity.” • “ ‘We do this with the understanding that, while we’re not in the business to sue people or generate claims and recoveries, we owe it to our shareholders to recover losses,’”. “When a certain amount is at stake, we have an obligation as counsel to the company to pursue the claims.’” • “ ‘Any legal department at a large company that does not look for these opportunities is leaving money on the table.’” Adele Nicholas, “Tom Sager, Assistant General Counsel Transforms DuPont Legal into Profit Center” Corporate Legal Times, Volume 15. Number 168 November 2005. Washington / San Francisco / New York / Philadelphia / London

  7. Prohibition on Cartel Activity • Compliance with Applicable Laws. Supplier agrees to comply with all applicable antitrust and/or competition laws in all relevant jurisdictions impacted by the Agreement between Supplier and The Coca-Cola Company (“TCCC”). Supplier will not engage in anti-competitive practices, as defined by such applicable law, including but not limited to illegal cartels, price-fixing with competitors, unlawful exchanges of information with competitors, and geographic market or customer allocation. “Coca-Cola Prohibition on Cartel Activity”, Revised March 24, 2009 http://www.thecoca-colacompany.com/citizenship/pdf/Cartel_Activity_Prohibition.pdf Washington / San Francisco / New York / Philadelphia / London

  8. Prohibition on Cartel Activity • Representations and Warranties. Supplier represents and warrants that: • The prices of products sold by Supplier to Authorized Purchasers, as set forth in the Agreement, are not in any way affected as the result of any conversations, meetings, exchanges of information, agreements or understandings between or among Supplier and competitors of Supplier; and • Supplier has not engaged in conversations, meetings, exchanges of information, agreements or understandings with competitors of Supplier regarding the manufacture, supply or pricing of products to Authorized Purchasers, including relating to, but not limited to: • Raising, lowering, stabilizing or otherwise fixing prices; • Reducing output of products; • Coordinating bidding activities for the supply of products to Authorized Purchasers; • Allocating customers or geographic territories; and • Boycotting customers, including TCCC and/or Authorized Purchasers, or suppliers “Coca-Cola Prohibition on Cartel Activity”, Revised March 24, 2009 http://www.thecoca-colacompany.com/citizenship/pdf/Cartel_Activity_Prohibition.pdf Washington / San Francisco / New York / Philadelphia / London

  9. Prohibition on Cartel Activity • Policies and Procedures. Supplier represents and warrants that it has in place, and will follow and enforce, reasonable written policies and procedures designed to prevent and detect possible violations described in Section 1 above in its own operations and direct business relationships. “Coca-Cola Prohibition on Cartel Activity”, Revised March 24, 2009 http://www.thecoca-colacompany.com/citizenship/pdf/Cartel_Activity_Prohibition.pdf Washington / San Francisco / New York / Philadelphia / London

  10. Prohibition on Cartel Activity • Violations. At such time as Supplier has reasonable grounds to believe that a violation described in Section 1 has occurred, Supplier will promptly report in writing to TCCC and any affected Authorized Purchaser the possible violation and Supplier’s corrective action plan to remedy the possible violation. Without limiting TCCC’s or any Authorized Purchaser’s private rights or remedies under any antitrust or competition laws of any applicable jurisdiction, Supplier agrees to promptly fully reimburse TCCC or any Authorized Purchaser for any damages they incur as the result of a breach of the above Section 1. “Coca-Cola Prohibition on Cartel Activity”, Revised March 24, 2009 http://www.thecoca-colacompany.com/citizenship/pdf/Cartel_Activity_Prohibition.pdf Washington / San Francisco / New York / Philadelphia / London

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