Recent Developments in Criminal Enforcement of US Antitrust Laws

Abstract

The United States Department of Justice (``DOJ'') continues its aggressive pursuit of International Cartels. In addition to obtaining record levels of fines for corporations convicted of price fixing, the DOJ continues to seek more jail time for individual defendants found guilty of these crimes. The DOJ supports legislation now before Congress that would significantly increase penalties for both corporations and individuals convicted of antitrust violations. Increasingly, many of the individuals serving time in US prisons for antitrust crimes are foreign nationals not just US citizens. The threat of extradition to the United States on the basis of cartel behaviour looms ever larger. Recently, the DOJ has been aggressively placing foreign nationals that have been indicted in the United States on price fixing charges on Interpol's ``Red Notice'' list, subjecting them to possible arrest and detention by local officials as they enter or exit countries outside the United States. The DOJ has been using this procedure even where extradition to the United States on the basis of an antitrust offense would appear unattainable for lack of treaty support. Apparently in an increased spirit of cooperation with US cartel enforcement efforts, some countries have thus far acceded to this procedure nonetheless, providing substantial harassment impact. Whether this cooperation will continue or not remains to be seen.