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Cartel Damage Recovery: A Roadmap for In-House Counsel

Scott Martin et al., Antitrust, Vol. 32, No. 1, Fall 2017

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Global cartel activity does not necessarily get much attention from many in-
house counsel unless, unfortunately, their company is the subject of an investigation or lands on the right-hand side of the “v.” in private litigation. However, there are significant reasons that it should be a focal point for a corporation’s in-house counsel. From a business perspective, alleged overcharges should be viewed by procurement personnel as possible theft of hard-earned margin. Overcharges resulting from price fixing, bid rigging, or other coordinated anticompetitive conduct—even at only a 10–12 percent overcharge—can add up to very real money and constitute actual business harm that affects a company’s bottom line. Effective management of a company’s risk-reward calculus in maximizing recovery without incurring undue time, expense, and business distraction starts with in-house counsel.

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