International Antitrust Cooperation Handbook

Front Cover
American Bar Association, 2004 - Law - 788 pages
This book focuses on the increasingly important topic of cooperation among the world's antitrust authorities. The subject is particularly important as the prevalence of multi-jurisdictional merger investigations grows and the antitrust enforcement authorities of the world place greater emphasis on the investigation and prosecution of international cartels. As antitrust matters have gone ever more global, antitrust enforcement authorities increasingly have touted the network of informal and formal cooperation among the world's antitrust authorities as a valuable tool for enhancing enforcement capabilities. Because enhanced enforcement has ramifications for all parties involved in an antitrust matter, knowing the particular ways in which cooperation may affect a given matter is particularly relevant. International Antitrust Cooperation Handbook helps U.S. and foreign antitrust counsel navigate through the maze of international cooperation agreements regularly used by antitrust enforcement agencies. It does so by outlining the analysis required to answer the practical questions that a practitioner faced with the possibility of antitrust agency cooperation needs to know, including:
 

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Contents

CHAPTER I
1
considerably as does the type of assistance envisioned particularly as
4
attempts53 Thus resorting to unilateral means may result in
19
INTERNATIONAL COOPERATION PURSUANT
21
whether such information was produced pursuant to compulsory
24
CHAPTER III
37
a Coordination
42
the others territory to investigate anticompetitive conduct or seek
44
Chapter XV
183
provisions relating to the presentment of persons sought as witnesses
193
Chapter XVI
195
56 USItaly MLAT supra note 1 arts 1516 Pursuant
206
CHAPTER XVII
207
Certain provisions of the treaty however may narrow the field
217
55 See Scott D Hammond Director of Criminal Enforcement Antitrust
218
Chapter XVIII
219

final decision whether to pursue an investigation remains with the
45
CHAPTER IV
47
CHAPTER V
55
To obtain assistance in executing a search and seizure request
62
Other MLATs include some type of dual criminality standard
64
EXTRADITION TREATIES
65
AUSTRALIA
71
involving a practice carried out in another member state may
84
80 USAustralia AMAA supra note 2 art IXF USAustralia MLAT
86
CHAPTER VIII
87
Chapter IX
101
CHAPTER X
113
CHAPTER XI
123
80 See Scott D Hammond Director of Criminal Enforcement Antitrust
139
Chapter XII
141
affecting both jurisdictions28 and waivers of confidentiality are
147
Chapter XIII
157
CHAPTER XIV
169
agreements foster the sharing of information related to antitrust
170
65 See eg Treaty on Extradition June 9 1998 USS
181
CHAPTER XIX
233
CHAPTER XX
241
55 Id at art 24
251
CHAPTER XXI
253
51 Id at art II bis of the Third Supplemental
263
Chapter XXII
265
Alternatively several foreign nationals have submitted voluntarily
273
Chapter XXIII
275
Divisions Criminal Enforcement Program Presentation at the New York
288
SELECTED STATUTES OF THE UNITED STATES
289
ANTITRUST COOPERATION AGREEMENTS1
305
MUTUAL LEGAL ASSISTANCE TREATIES1
409
Chapter II Special Provisions Concerning Organized Crime
549
EXTRADITION TREATIES1
589
Article VI
687
37 An offense rekting to escape from confinement of a
712
offense committed in similar circumstances and if the person whose
748
ABA SECTION OF ANTITRUST LAW
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