Global Cartel Enforcement

Anti-cartel enforcement is the highest policy priority of antitrust enforcement authorities throughout the world. Fines imposed for cartel violations last year totaled over seven billion dollars and dozens of business executives were jailed for engaging in such violations. The focus of antitrust authorities on such behavior is unwavering; and the risks for companies are increasing as more and more countries adopt programs to combat business practices that undermine competition.

Controlling for these risks is an increasingly difficult challenge for global companies. Legal standards, enforcement techniques, and penalties vary from country to country. The interconnected nature of the global economy, however, means that conduct in one country may lead to enforcement action—including fines and criminal prosecution—in others. The United States and European Union in particular have been aggressive in asserting their authority to pursue enforcement actions for extraterritorial conduct, and enforcement authorities throughout the world are increasingly coordinating their investigations and enforcement against cartels.

Given the risks involved, development of effective compliance programs addressing cartel violations is essential for companies operating globally. In addition to preventing such violations, antitrust authorities are increasingly recognizing the value of such compliance programs to their cartel enforcement programs, and rewarding companies that develop effective compliance programs in enforcement decisions.

Join J. Clayton Everett, the leader of the cartel defense practice at Morgan, Lewis & Bockius, for a discussion of the legal and practical implications of this enforcement focus. He discusses (a) the types of conduct that may subject companies and executives to liability for cartel violations, including variations in the legal standards in Europe and the United States; (b) cartel enforcement trends throughout the world; and (c) development of effective compliance programs to prevent violations and limit risks for companies operating globally. 

Learning Objectives:

1. Develop an understanding of the types of conduct that violate antitrust laws aimed at cartel conduct, including variations between the United States and Europe
2. Discuss cartel enforcement trends, as well as the enforcement techniques utilized, penalties imposed, policy goals, and industry focus of cartel enforcement authorities throughout the world
3. Understand the elements of an effective compliance program aimed at preventing cartel violations, and the benefits of such programs