Negotiation Procedures and Compensation Claims: Seeking Consensus

Abstract

Anti-competitive practices are primarily addressed through administrative sanctions imposed by competition authorities, which today rely more heavily on the implementation of leniency programs. The problem lies in the potential conflict between leniency programs and private lawsuits, as conflicts may arise between public proceedings—which seek to preserve the attractiveness of these programs by ensuring the confidentiality of information provided by companies—and private lawsuits, which seek to provide compensation to victims. Thus, the issue of reconciling these interests is particularly complex.