The Cartel Report: Commentary On Antitrust Enforcement From Around The World

Keywords: Cartel Report, antitrust, enforcement

Not too long ago, many countries—perhaps even most countries—either did not criminalize cartel conduct or did not enforce the laws prohibiting cartels. In the past 20 years or so, that has changed dramatically. Today, cartels, "the supreme evil of antitrust,"¹ are unlawful throughout much of the world. In addition, national authorities are cooperating more frequently to investigate potential cartel conduct.

While nations increasingly agree on the need to deter cartels, they often disagree on how to accomplish that goal. The United States relies heavily on criminal laws, for example, while other countries rely more heavily on administrative sanctions or civil fines. Leniency programs, while increasingly common, also differ in their requirements and effects. These differing enforcement regimes pose challenges for international businesses, which are now often subject to overlapping investigations and enforcement actions.