Antitrust and competition enforcement is changing fast: our report for multinationals from three global conferences

By James R Nelson, Eliot T Burriss and Allissa AR Pollard

The world of antitrust/competition enforcement is changing more rapidly than ever. This evolving environment presents new challenges for companies with multinational operations, their executives and their advisers.

A company that discovers a potential antitrust violation must consider an array of issues and make decisions under varied and changing laws in multiple jurisdictions.

Items to consider include the following: where the conduct occurred; whether the conduct is prohibited in all the relevant jurisdictions; whether executives may be implicated in their personal capacity; whether applying for leniency is the appropriate course of action; alternatives to applying for leniency; the risk of not disclosing the conduct in some jurisdictions; and, if applying for leniency, where to apply and in what sequence…

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