E.U. & Antitrust
What are the consequences of a settlement procedure where all the companies reach agreement with the authority conducting the investigation phase except one? Could the latter be harmed by not reaching an agreement? How does the principle of presumption of innocence apply given that the other participants in the infringement have already admitted to the facts? In this article, we identify the risks and disadvantages created by the so-called hybrid process and we will see that these can hardly be fully mitigated.
Article by Mario Ybar, 'Counsel' partner at Antitrust practice in Santiago de Chile ('Concurrences, Antitrust Publications & Events').