Tuesday, October 4, 2011
Posted by D. Daniel Sokol
Donald C. Klawiter (Sheppard Mullin) describes Enhancing International Cartel Enforcement: Some Modest Suggestions.
ABSTRACT: This brief essay will attempt to answer two important questions that affect the current state of international cartel enforcement: (1) Are individual criminal penalties reaching the tipping point, i.e. the point where non-U.S. executives will not submit to U.S. jurisdiction and U.S. executives will take their chances at trial, thus changing the enforcement calculus considerably; and (2) Is U.S. case selection limited only to a few industries at a time, and does that affect deterrence?