Linklaters

As fines increase and co-operation is strengthened between regulators globally, it is becoming ever more important to ensure that a unified and cohesive response strategy is implemented for dealing with a cartel investigation. The decisions taken at the outset of an investigation can have a major impact on a company’s total financial exposure, both in terms of regulatory fines and damages from civil claims.

As a leading global cartel practice, the Linklaters team works with clients to defend their interests in response to an investigation by minimising both the financial risk and potential damage to the company’s reputation. 

Linklaters’ global presence and extensive experience across many industries allows us to support clients through the many issues that arise in investigations before the European Commission, the US Department of Justice, the UK Office of Fair Trading and other competition authorities around the world.

We secure the best possible outcome for our clients by:

• co-ordinating responses to multiple enforcement agencies where an  investigation is launched in more than one country
• assessing the options and advising on the response strategy at the outset
• assisting our clients in their internal and media communication strategy
• advising on how dealing with regulators affects future litigation and third-party claims for damages  
• advising on leniency applications, including how a particular course of action in one country may affect cartel investigations elsewhere 
• assisting clients in achieving a favourable settlement
• advising clients on the impact of the criminal sanctions which now exist in many jurisdictions
• defending against damages claims resulting from cartel findings including advising on the tactics of claimant law firms and differences between US and European systems

“It has the corresponding litigation muscle, both on cartel defence and the plaintiff side, leaving people impressed with ‘such a well-balanced practice’.”
Competition/antitrust: global, Chambers Global, 2008

Download our cartel practice brochure to find out more about the team.

Recent transactions include advising

• key players in seven of the eight cases where the European Commission adopted a decision in the last 12 months including car glass, bananas, paraffin waxes, aluminium fluoride, sodium chlorate, international removal services and marine hoses
• leading industry players in relation to a significant number of national cartel cases including investigations into the dairy and construction sectors in the UK, healthcare and electricity sectors in Germany, recruitment and steel sectors in France, retail and bakery sectors in Spain, construction sector in Sweden and retail sector in Belgium.
• a participant in the global marine hoses cartel involving investigations around the world and unprecedented co-operation between competition authorities globally including the European Commission, the US Department of Justice, the UK Office of Fair Trading and the Japanese Fair Trade Commission
• a leading European airline in relation to the European Commission and Department of Justice investigation, and subsequent private class action litigation, regarding the air cargo cartel