ON-TOPIC: ANTITRUST - GLOBAL CARTELS - EXTRADITION - NATIONALITY

Extradition and antitrust law: Businessmen involved in global cartels extradited to foreign countries

As more jurisdictions criminalise cartel conduct and increase cooperation with other enforcement regimes, the threat of extradition in global cartel cases is becoming more and more real. The successful extraditions, directly or indirectly related to cartel charges, so far have involved five countries: the United Kingdom (2010), Israel (2012), Germany (2014), Canada (2014) and Bulgaria (2016). These five extraditions have involved citizens from five countries: the United Kingdom, the United States (based on a dual citizenship), Italy, Canada and Israel. On the other hand, no extradition has been sought from Japan until today even if dozens of Japanese executives remains fugitives for the US justice. The nationality of the defendant may prevent extradition—but not when they travel, and no one is really safe.

The European Union perspective [1] Christopher Thomas Partner, Hogan Lovells International, Brussels Gianni De Stefano Counsel, Hogan Lovells International, Brussels I. Extradition matters 1. The global enforcement of antitrust laws prohibiting cartels is greatly affected by the extent to which extradition is a realistic prospect. [2] As more jurisdictions criminalise cartel conduct and increase cooperation with other enforcement regimes, the threat of extradition in global cartel cases is becoming more and more real. Indeed, the United States Department of Justice (DOJ) has now secured its first litigated extradition on antitrust charges: Romano Pisciotti, an Italian national, was extradited from Germany (where he was catching a connecting flight) on cartel charges related to the

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Katherine L. Kay, Gianni De Stefano, Christopher Thomas, Gal Rozent, Kathryn Hellings, Daniel E. Shulak, Raz Agranat, Yoshitoshi Imoto, Extradition and antitrust law: Businessmen involved in global cartels extradited to foreign countries, September 2017, Concurrences Review N° 3-2017, Art. N° 84651, pp.16-40

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