* * berwin leighton paisner The Interface Between Leniency, Direct Settlement and Criminal Sanctions Introductory Remarks Dave Anderson Partner, Berwin Leighton Paisner LLP, Brussels Panel Chair, European Competition Day Brno, Czech Republic, 13 May 2009

* berwin leighton paisner blplaw.com Interface issues Ambitious subject assigned to us – leniency, settlements and criminal sanctions Highly relevant to both companies and agencies – The interface raises critical issues for companies and advisers – For agencies, these tools often developed separately so interface issues can be crucial to their functioning and effect

* berwin leighton paisner blplaw.com Interface issues The three tools are relatively new at EC and Member State level – Leniency took off only after 2002 EC Notice  Improvements in 2006  Nearly all Member States have own programmes – ECN Model Leniency Programme 2006 – EC Settlements Notice 2008  So far, no cases completed under Notice  Member State practice varies widely – Criminalisation at Member State level  New statutes in several Member States  Reviving dormant regimes in others A developmental patchwork that works?

* berwin leighton paisner blplaw.com Interface issues For plaintiffs and defendants – For defendants  Leniency – clarity and certainty are key  Settlement – sufficient incentives beyond leniency?  Criminalisation – will leniency apply to individuals? Which cases will be prosecuted criminally? – For plaintiffs  Will leniency information be made available?  Will agency settlement terms assist them?  EC, Member State and US examples of leniency and settlement terms assisting plaintiffs

* berwin leighton paisner blplaw.com Interface issues for agency panellists How do agencies ensure that incentives for companies to apply for leniency are not negatively affected by criminalisation? Are these three areas ripe for better coordination or even EU harmonisation? – So many differing regimes, procedures and sanctions across the EU for leniency, settlement and criminalisation What about the coming effect of private actions – Can private actions be assisted through leniency, settlement and criminalisation policies?

* * berwin leighton paisner The Interface Between Leniency, Direct Settlement and Criminal Sanctions Introductory Remarks Dave Anderson Partner, Berwin Leighton Paisner LLP, Brussels Panel Chair, European Competition Day Brno, Czech Republic, 13 May 2009