ARTICLE
18 November 2015

Cartel Facilitators No Better Than Participants

DB
De Brauw Blackstone Westbroek N.V.

Contributor

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De Brauw Blackstone Westbroek is a leading international law firm, trusted by clients for over 150 years due to its deep engagement with their businesses and a clear understanding of their ambitions. While rooted in Dutch society, the firm offers global coverage through its network of top-tier law firms, ensuring seamless, tailored legal solutions. De Brauw’s independence enables it to choose the best partners while remaining a trusted, strategic advisor to clients worldwide.

The firm emphasizes long-term investment in both its client relationships and its people. De Brauw’s legal training institutes, De Brauwerij and The Brewery, cultivate diverse talent, preparing the next generation of top-tier lawyers through rigorous training and personal development. Senior leadership traditionally rises from within, maintaining the firm’s high standards and collaborative culture.

Participating in a cartel as well as contributing to the implementation of a cartel can lead to substantial fines.
European Union Antitrust/Competition Law

Participating in a cartel as well as contributing to the implementation of a cartel can lead to substantial fines. The European Court of Justice recently confirmed that a consultancy firm may be held liable for infringement of the cartel prohibition where it actively contributes, in full knowledge of the relevant facts, to the implementation and continuation of a cartel among participants active in a different market. According to the ECJ, the consultancy firm played an essential role in the cartel infringement by organising meetings where it was present and participated actively; collecting and supplying sales data to the cartel participants; offering to act as a moderator in the event of arising tensions; and encouraging cartel participants to compromise, and it received remuneration for all of these activities. Companies should be aware that the cartel prohibition covers all levels of cartel participation, whether active, passive or supportive.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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