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International Antitrust Law & Policy: Fordham Corporate Law 2003 - Hardcover
International Antitrust Law & Policy: Fordham Corporate Law 2003 - PDF
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Chapter 6
U.S. ANTITRUST ENFORCEMENT AGAINST
INTERNATIONAL CARTELS: TRENDS AND
PRACTICAL CONSIDERATIONS
A. Paul Victor†
This is a background paper about recent trends in international cartel
enforcement in the United States and some practical considerations for
counsel representing companies and/or individuals in connection with
such matters.
I. INTRODUCTION
Where do things stand these days with U.S. antitrust enforcement
against international cartels? Business basically continues to boom, as
investigations begun in the past few years begin to become public and the
number of grand jury investigations with an international component
continues at a record level. In recent months, the rate of public disclosure
of new investigations appears to have outstripped announcements of
actual convictions and guilty pleas. However, the record of the Antitrust
Division of the U.S. Department of Justice over the past six years in
international cartel prosecutions continues to stand as a truly impressive
one, with total fines during this period exceeding $2 billion. There has also
been a significant increase in prison sentences for individual participants,
totaling some 50 plus years’ worth imposed just since 1999.
It is clear that the importance that the Antitrust Division attaches to
detecting and prosecuting cartels that engage in “hard core” antitrust
violations, such as price fixing, output restrictions, bid-rigging, or market
allocation, including especially international cartels, continues unabated.
This remains the Division’s number one enforcement priority, and
international cartels in particular have been a key focus since at least 1993.
In fact, since 1998 roughly 50% of corporate defendants in the Division’s
criminal cases were based outside the United States. The Division
continues to devote significant resources to its criminal investigations;
something like 30% of the Division’s resources are allocated to this area.
About the Editor:
Barry Hawk is Director of the Fordham Competition (formerly Corporate) Law Institute and Partner with Skadden Arps (New York and Brussels). He is former Vice Chair of the ABA Antitrust Section and former Chair of the New York State Bar Association Antitrust Section, as well as Professor at Fordham Law School and Visiting Professor at Michigan Law School, Monash University Law School, New York University Law School and the University of Paris