Dr. Pascal Hildebrand attended the ICN Cartel Workshop in Foz do Iguaçu, Brazil, from 7 to 10 October 2019.

The Administrative Council for Economic Defense of Brazil hosted the 2019 ICN Cartel Workshop, in Foz do Iguaçu, Brazil, from 7 to 10 of October 2019.

The theme of the workshop was “Cartels in the Age of Data-Driven Economy” and it focused on the impact of data on cartels, in particular in the light of potential negative welfare effects (facilitation to reach a collusive outcome) as well as benefits for the competition authorities to detect cartels. The ICN workshops are designed to disseminate recommended practices in the analysis of anticompetitive behaviours. They are forums tailored to share experiences, and above all, strategies to overcome the complexities that may arise, while acknowledging the nuances of this modern economy. 

More than 200 experts from 40 jurisdictions reflected on the effective investigative tools, techniques, and how to overcome challenges in the digital era.

Some of the discussed topics at the event were delineation of cartel activities in a changing business environment, challenges and information management for data-driven markets, antitrust liability for software-based infringements, intelligence and screening tools, effective leniency and evidence assessment in the digital era, due process and cooperation tools.

As an expert on private damages actions, Dr. Hildebrand spoke at Breakout Session 7 on October 9th about “How to foster private enforcement”.

An efficient private enforcement system can reduce some of the administrative burden that competition authorities face in cartel investigations and to promote a healthy antitrust environment. This panel addressed the growth of private damage claims in countries after the introduction of legal provisions for private enforcement, as well as its limitations. 

Dr. Hildebrand highlighted that the process of the development of private enforcement in Europe, the effects of the Directive on Antitrust Damages as well as ongoing challenges from practical experience. Furthermore, the interaction of private and public enforcement has to be discussed.

For more information, please access: https://icncartelworkshop2019.cade.gov.br/