Cross-Border Overview: Challenges of International Cartel Investigations in the United States

The Investigations Review of the Americas 2015
05.29.15

Kirby Behre, Lauren Briggerman and Michael Anderson authored the "Cross-Border Overview: Challenges of International Cartel Investigations in the United States" chapter in The Investigations Review of the Americas 2015. This book, published by Global Investigations Review, is a special report offering a perspective rooted in practical, front-line experience.

The authors highlight the various issues the United States encounters in cross-border cartel investigations, including the extraterritorial reach of U.S. laws, the practical difficulties of cross-border evidence gathering, limited extradition policies for individuals and the severe collateral consequences of investigations. "As Canada, Brazil, and other American countries continue to build their cartel enforcement capabilities and their focus on international cartel conduct, they are likely to face many of the same practical and legal constraints that limit the United States' ability to investigate and prosecute cartel conduct abroad," the authors said. "These counties should take heed of hurdles the United States has increasingly faced in cross-border investigations."

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