日EUシンポジウム＠政策研究大学院大学 04,16,08 (14:00-17:30)
＜パネリスト＞
後藤氏（公正取引委員）
Mehta（欧州委員会）
Laina（欧州委員会）
渡辺氏（弁護士）
山本氏（公取委）
ＥＵ競争法と日本の独禁法に関するシンポジウムに参加してきました。
以下がメモ書です。速記ですので、詳しくは公取委ホームページ等でご確認下さい。
Regulation773/2004 is a provision about implements.
Investigation
Statement of objection
Access to file
Response by Parties
Oral hearing
Commission Decision
Appeals
Public Access to document
"Frequent Issue"
Availability and quality of evidence; There are 60～70 cases, and some of the cases are not sufficient to punish.
Single and Continuous infringement
Parental liability ; this issue is the one of the most controversial issues in the conference.
"Leniency"
Decisive evidences are needed. First notice published 1996. Second 2002 noticed "significant added value". Current 2006 says “targeted inspection “test is taken. Leniency features are reduction that first 100%, second 30-50%, third 20-30%, and subsequent companies will be up to 20% reduction. In order to receive leniency, parties have to submit evidences which EC commission will be able to carry out inspection and find an infringement. As to fining, Increase for deterrence will be taken up to legal maximum, 10% of global annual turnover.
"Parent company liability & undertaking"
Undertaking is about legal entities with human. Parent company liability is decided whether parent companies exercise decisive influence or effectively exercise. And it deserves to mention that a single undertaking will be presumed by owning 100% of Subsidiaries.
"Typical Problem"
Double jeopardy
Discovery
Private damage; Private actions are limited to the damage form illegal conduct.
Conflict between direct settlement and private damage.
＜パネリスト＞
後藤氏（公正取引委員）
Mehta（欧州委員会）
Laina（欧州委員会）
渡辺氏（弁護士）
山本氏（公取委）
ＥＵ競争法と日本の独禁法に関するシンポジウムに参加してきました。
以下がメモ書です。速記ですので、詳しくは公取委ホームページ等でご確認下さい。
Regulation773/2004 is a provision about implements.
Investigation
Statement of objection
Access to file
Response by Parties
Oral hearing
Commission Decision
Appeals
Public Access to document
Availability and quality of evidence; There are 60～70 cases, and some of the cases are not sufficient to punish.
Single and Continuous infringement
Parental liability ; this issue is the one of the most controversial issues in the conference.
Decisive evidences are needed. First notice published 1996. Second 2002 noticed "significant added value". Current 2006 says “targeted inspection “test is taken. Leniency features are reduction that first 100%, second 30-50%, third 20-30%, and subsequent companies will be up to 20% reduction. In order to receive leniency, parties have to submit evidences which EC commission will be able to carry out inspection and find an infringement. As to fining, Increase for deterrence will be taken up to legal maximum, 10% of global annual turnover.
Undertaking is about legal entities with human. Parent company liability is decided whether parent companies exercise decisive influence or effectively exercise. And it deserves to mention that a single undertaking will be presumed by owning 100% of Subsidiaries.
Double jeopardy
Discovery
Private damage; Private actions are limited to the damage form illegal conduct.
Conflict between direct settlement and private damage.
0 件のコメント:
コメントを投稿