1 / 13

Thursday Breakout session 2 Relationship between Agencies and the Bar

Thursday Breakout session 2 Relationship between Agencies and the Bar. 2012 ICN Cartel Workshop Kamil Nejezchleb & Huy Do. Content. Spectrum of Relationship between CA and Bar Types of cooperation General cooperation Cooperation within the particular case

zephr-case
Download Presentation

Thursday Breakout session 2 Relationship between Agencies and the Bar

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. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. ThursdayBreakout session 2RelationshipbetweenAgencies and the Bar 2012 ICN Cartel Workshop Kamil Nejezchleb & Huy Do

  2. Content • Spectrum of Relationship between CA and Bar • Types of cooperation • General cooperation • Cooperation within the particular case • What type of relationship is desirable? • Topics for discussion

  3. Relationship Spectrum • Relationship is complex and spans across spectrum • Range from adversarial to highly co-operative, depending on circumstances • Nevertheless, there is common interest in efficient, clear, just proceedings • Clear procedural rules • Guarantees (business secrets, leniency, settlements) • Legal privilege • Calculation of fines

  4. Types of Co-operation • General • Particular - case related

  5. General Co-operation • Classic • Conferences • Enabling to comment new drafts • Guidelines • Amendments • Lectures • More sophisticated • Regular meetings • Ad hoc special task forces • Interchange or Secondments • Other special types of cooperation

  6. General Co-operation • Focused on general practical problems • Communication • Understanding • Legal issues • Development • Strictly limited to general discussions (no “live” cases)

  7. General Co-operation • CAs (Czech) Experience • Annual meeting “external session” • Very informal • Topics are covered from both perspectives • Not only members of the Bar but also judges • In future we would like to invite also representatives from Universities • Planned regular “in-house” meetings • More formal • More focused • Members of “in-house committee of appeal” (an advisory body for the Chairman of the Czech CA) • Must not be interested in the particular case • Only advisory role – not binding for the Chairman

  8. General Co-operation • Bar Experience (Canada) • Significant involvement by Competition Bureau in Competition Bar Committees and Conferences • Bar (and public) often consulted on enforcement guidelines • “Roundtables” involving Competition Bureau and Bar • Bar very active within ICN

  9. Co-operation Within a Particular Case • Degree of co-operation is highly dependent on particular facts of any given case • Factors • Contested proceedings/Leniency/Settlement • Possible criminal sanctions • Strength of existing evidence or defences • Stage of proceedings

  10. What Type of Relationship Do CAs Want with the Bar • Czech Perspective • Meaningful (discussions regarding totally opposite opinions where no common understanding is possible are waste of time) • Professional (discussions regarding “serious issues”) • Trustworthy (accuracy and validity of provided information) • Effective (get rid of non-effective negotiations)

  11. What Type of Relationship Does the Bar Want with CAs • Canadian Perspective • Professional relationship with integrity • On both sides, credibility is key • Appreciation and understanding of each side’s position on issues • Focus on real meaningful issues • Open lines of communication • Timeliness • Disagree without being disagreeable

  12. Topics for Discussion • General importance of the cooperation between the Bar and CAs. • Extent of cooperation between the Bar and CAs? • What are (could be) the most important benefits of such cooperation between the Bar and CAs? • What are the most serious potential threats of cooperation between the Bar and CAs?

  13. Topics for discussion • What difficulties have arisen in practice when it comes to the CA-Bar relationship? • Experience with Enforcement Guidelines, CA-Bar Roundtables, Interchange or Secondments, Task Forces regarding Legislative Changes. • Professional and ethical rules - whether and how such rules apply to the CA-Bar relationship? • Practical guidance and tips how to proceed with establishment or improvement of relationships between the bar and CAs?

More Related