Tuesday, July 6, 2010
‘What if Uncle Sam wants you?’: Principles and Recent Practice Concerning US Extradition Requests in Cartel Cases
Posted by D. Daniel Sokol
Philipp Girardet (SJ Berwin) asks ‘What if Uncle Sam wants you?’: Principles and Recent Practice Concerning US Extradition Requests in Cartel Cases.
ABSTRACT: Extradition procedings have for a long time formed a cornerstone of international cooperation efforts between states in their efforts to promote the efficient administration of criminal justice. However, the recent extradition of Ian Norris from the UK to the USA marks the first ever use of extradition in relation to cartel conduct and this case will have a significant impact on defence strategies in European cartel cases going forward. Extraditions are generally limited to situations where conduct amounts to criminal behaviour in both the requesting and the requested states. The European competition rules do not themselves impose criminal sanctions for cartels but allow EU Member States to introduce criminal sanctions for such conduct at national level. While only a few EU Member States have a broad criminal cartel offence for individuals which is comparable to the US cartel offence, more than half of the 27 EU Member States now have criminal sanctions for individuals for at least some types of cartel conduct. Following the extradition of Ian Norris, the risk of extradition in international cartel cases (e.g. from Europe to the USA and also between EU Member States) is now no longer a mere hypothetical possibility but a new fact of life in such cases.