International Antitrust Cooperation HandbookThis 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: |
Contents
CHAPTER I | 1 |
53 | 19 |
CHAPTER II | 21 |
CHAPTER III | 37 |
CHAPTER IV | 47 |
CHAPTER V | 55 |
Other MLATs include some type of dual criminality | 64 |
CHAPTER VI | 65 |
CHAPTER XVI | 195 |
signatories to request that a witness travel voluntarily to the | 206 |
CHAPTER XVII | 207 |
Certain provisions of the treaty however may narrow | 217 |
55 See Scott D Hammond Director of Criminal Enforcement | 218 |
CHAPTER XVIII | 219 |
CHAPTER XIX | 233 |
CHAPTER XX | 241 |
CHAPTER VII | 71 |
80 | 86 |
CHAPTER VIII | 87 |
requesting state to testify or that persons in custody sought | 99 |
CHAPTER IX | 101 |
CHAPTER X | 113 |
CHAPTER XI | 123 |
80 | 139 |
CHAPTER XII | 141 |
CHAPTER XIII | 157 |
CHAPTER XIV | 169 |
65 | 181 |
CHAPTER XV | 183 |
Investigation Sept 29 2003 available at | 193 |
55 Id at art 24 | 251 |
CHAPTER XXI | 253 |
51 | 263 |
CHAPTER XXII | 265 |
Alternatively several foreign nationals have submitted voluntarily | 273 |
CHAPTER XXIII | 275 |
provisions relating to the presentment of persons sought as witnesses | 288 |
SELECTED STATUTES OF THE UNITED STATES | 289 |
ANTITRUST COOPERATION AGREEMENTSĀ¹ | 305 |
MUTUAL LEGAL ASSISTANCE TREATIESĀ¹ | 409 |
EXTRADITION TREATIESĀ¹ | 589 |
ABA SECTION OF ANTITRUST LAW | |
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Common terms and phrases
agreed AMAA America anticompetitive activities Antitrust Div antitrust evidence antitrust investigations antitrust law violations antitrust matters application Assistance in Criminal Attorney cartel Central Authority committed competition laws conduct confidential information Contracting Parties cooperation court criminal matters Dep't of Justice diplomatic channel disclosure documents domestic law effect enter into force European Union executive authority extraditable offense extradition is requested Extradition Treaty Federal Trade Commission Government Government of Australia granted Hague Evidence Convention hereinafter international agreements International Competition Network investigation or proceeding judicial jurisdiction letters rogatory located merger MLAT Mutual Legal Assistance obtained OECD Council Recommendations official paragraph Party's competition authorities penalty person sought privilege laws procedures prosecution provisional arrest punishable purpose relating request for assistance request for extradition requested Party respect sentence service of process share signatories specified supra note surrender territory testimony Trade Reg U.S. Antitrust Agencies U.S.-Australia United United Kingdom