Historically, the United States was virtually alone in the world in treating anticompetitive conduct as a criminal offense. Antitrust enforcement in the U.S. thus often stopped at the border. Increasingly, however, other countries are criminalizing such conduct and aggressively pursuing antitrust enforcement. These overseas efforts have coincided with a greater emphasis in the U.S. on investigating international anticompetitive behavior and seeking cooperation with foreign regulators. Perhaps most significantly, earlier this year, the United States secured the first-ever extradition to this country of an individual to face an antitrust charge.

In addition, the U.S. has obtained the extradition of two other individuals based on alleged anticompetitive conduct, although these extraditions hinged on the fact that the individuals had been indicted for violating fraud and obstruction of justice statutes rather than antitrust statutes per se. Nevertheless, these extraditions for anticompetitive conduct, combined with the increase in domestic and overseas antitrust enforcement, indicate that antitrust offenses are on the way to being treated worldwide as seriously as any other international financial crime.

Antitrust Division

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