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

The Investigations Review of the Americas 2018

Kirby Behre, Lauren Briggerman, and Sarah Dowd* authored the "Cross-Border Overview: International Cartel Investigations in the United States" chapter in The Investigations Review of the Americas 2018. The book, published by Global Investigations Review, is a special report offering a front-line perspective on the important topics in cross-border and government investigations. Their chapter highlights the key challenges confronting the United States in its cross-border cartel investigations, including the broad extraterritorial reach of U.S. antitrust laws, practical difficulties of gathering cross-border evidence, the United States' struggles to extradite individuals for antitrust violations, and the potentially severe collateral consequences of criminal cartel 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," Behre, Briggerman, and Dowd wrote. "These countries should take heed of hurdles the United States has increasingly faced in cross-border investigations."

*Former Miller & Chevalier attorney