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Navigating anti-competition enforcement globally

January 31, 2017, Compliance Week

Michael Fanelli and Kevin Coates are quoted in a Compliance Week article examining how companies are navigating the global enforcement landscape. Commenting on global antitrust investigations, Fanelli says, “[Cooperation] involves a real thorough investigation to show you’re doing everything you can to root out the problem.” Applying for leniency may not always be the best option and, in some cases, the company may have a credible defense, Fanelli adds. “That can be an effective strategy that companies should keep in mind under their range of options.”

According to Coates, “From the point-of-view of an ex-enforcer, nothing is more likely to get enforcers annoyed, and on your back, than the perception that companies are playing games with enforcers.” Thus, when an investigation involves multiple competition authorities, it’s extremely important to have a well-coordinated approach for providing relevant facts and determining what strategy the company is going to take across multiple jurisdictions.


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