Antitrust Division Reinforces Its Resolve And Ability To Extradite Foreign Executives

The DOJ's Antitrust Division has extradited two executives of foreign companies in the last eight months, demonstrating its commitment to enforcing the Sherman Act outside of the United States.

Before 2014, some questioned the U.S. Department of Justice's (DOJ) Antitrust Division's ability to extradite individuals abroad. Since April, the Division has extradited two foreign executives: the first from Germany in April, and the second from Canada only a few weeks ago. This LawFlash provides an update on these recent developments and reviews the practical implications for companies and their executives.

Extradition Process

Extradition "is the formal process by which a person found in one country is surrendered to another country for trial or punishment" and is normally "regulated by treaty" between two countries.¹ The extradition treaty establishes the terms by which one country agrees to surrender fugitives for consideration in the other country's