The International League of Competition Law (LIDC) carries out a leading work
every year in studying two topical questions selected among the fields of antitrust
law, intellectual property or unfair competition. On each question, the key themes in
the major jurisdictions are reflected in a series of national reports, whilst an international
report identifies common features and trends from the national reports and
draws conclusions on potential solutions or ideas to be explored in the future. The
works of the LIDC have been a well of practical guidance for generations of lawyers,
whether or not they are members of the LIDC, and for regulatory authorities.
Parts of the studies, international reports and recommendations were made
available on the Web and disseminated to a selected audience. However, the
LIDC has also decided to publish the entire reports for the benefit of the legal
practitioners, academics and authorities active in the field of antitrust, intellectual
property and unfair competition. LIDC is therefore making full use of this unique
opportunity to contribute in the development of these fascinating fields of law.
This publication provides unparalleled comparative analysis of two “hot topics”
in the field of antitrust and unfair competition laws.
The first part of the book examines the consistency and compatibility of transactional
resolutions of antitrust proceedings (such as settlement procedures,
leniency programmes and commitments) with due process and the fundamental
rights of the parties. This is a particularly important topic, given the widespread
adoption of these procedures by antitrust authorities worldwide. The papers consider
how the leniency, settlement and commitment procedures have developed
across a range of jurisdictions and consider the extent to which checks and balances
have been applied in those national procedures in order to safeguard the fundamental
rights of the parties. A detailed international report, prepared by Pranvera
Ke¨llezi, identifies general trends and highlights differences and the most interesting
features of national regulations.