Introduction
When discussing the role of individuals in an antitrust context,
companies and their advisors often focus heavily on the most
serious end of the spectrum – the consequences, potentially
in terms of personal criminal liability, for an individual that
becomes involved in a price-fixing cartel or similar hardcore
competition infringement.
These are, of course, the most sensitive cases in terms of the
legal position of the individuals concerned. In particular, where
an individual is implicated in the infringement and their interests
and those of the company may diverge, the legal team must be alive
to the potential need for separate representation for
individuals.
In any event, working with individuals can raise challenges.
While employees have a duty to co-operate with reasonable
instructions from their employer, antitrust investigations are
typically vast, time-consuming, and procedurally complex. Being
drawn into their scope can be daunting for
