Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

Consent decrees are the most common outcome of DoJ antitrust claims. Although for a number of years the DoJ refused to engage in settlement negotiations prior to filing a complaint, its current practice is to simultaneously file complaints and propose settlements. The DoJ generally seeks to include provisions terminating the conduct, requiring periodic compliance efforts and reports, and permittin …

Settlement with the Department of Justice

Prior to the filing of a complaint, the FTC may enter into a consent agreement with a potential defendant, including an admission of proposed findings of fact, admissions of jurisdiction and a waiver of the Commission's obligation to make findings of fact and conclusions of law. Consent agreements also generally waive the right to judicial review. If the proposed consent decree is provisionally accepted, it is published in the Federal Register, marking the beginning of a sixty-day period, during which the FTC considers comments received from the public. After the comment period expires, the FTC may issue the consent order, withdraw its acceptance, or issue a modified order if the defendant so agrees.

Pre-complaint settlement with the FTC

With regard to post-complaint settlements with the FTC, the parties may jointly submit a proposed settlement and motion to withdraw to the administrative law judge hearing the matter. The matter may be withdrawn from adjudication and all proceedings stayed while the FTC considers the proposal. The defendant may submit a proposed settlement over counsel's objections and if the administrative law judge certifies the matter to the FTC it may be withdrawn from adjudication pending the outcome.

Post-complaint settlement with the FTC

Consent decrees are the most common outcome of DoJ antitrust claims. Although for a number of years the DoJ refused to engage in settlement negotiations prior to filing a complaint, its current practice is to simultaneously file complaints and propose settlements. The DoJ generally seeks to include provisions terminating the conduct, requiring periodic compliance efforts and reports, and permitting inspection of company records. Such decrees are generally limited to ten years. Occasionally, consent decrees will provide for different relief relating to different defendants.

Procedures for court approval of consent decrees are set forth in the Tunney Act (15 U.S.C. § 16(b-h)). The Tunney Act requires that the Government file a competitive impact statement (CIS) together with the proposed consent decree. The CIS identifies alternatives considered by the DoJ and the reason for their rejection. The proposed decree must be published in the Federal Register with a sixty-day period for public comment.

After the notice period, the consent decree may be accepted by the District Court if it is in the public interest (15 U.S.C. § 16(e)). A violation of a final consent decree, like the violation of any judgment, is punishable as contempt of court.

In August 2020, the DoJ has announced the creation of the Office of Decree Enforcement and Compliance (ODEC) which will be in charge of monitoring the effective enforcement of consent decrees.

Global Competition Law

1455. Settlement with the Department of Justice

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Les notions juridiques connexes

1455. Settlement with the Department of Justice

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise