Preface

Pages21-22
PREFACE
This first edition of the International Antitrust Cartel Handbook
is a vital reference for both new and experienced antitrust practitioners
navigating the increasingly complex global cartel enforcement
environment. Globalization is the overarching theme of modern
cartel enforcement. Many jurisdictions have granted their
competition authorities broad jurisdictional reach and provided them
with aggressive investigative tools, such as wiretap authority and
compulsory process. There is also a burgeoning movement to
criminalize cartel activity in places where it has previously been
regarded as wholly or principally a civil or administrative matter. And
the global proliferation of leniency programs continues to radically
destabilize cartels, creating powerful incentives for institutions to turn
against their co-conspirators.
In this constantly evolving and ever more crowded
regulatory environment, the United States remains among the
world’s leading jurisdictions for cartel enforcement. Cartel
enforcement in the United States has remained a priority regardless of
changes in administration or in the leadership of the Department of
Justice’s Antitrust Division. The Division’s efforts continue to be
marked by transparency in policy and predictability in results, themes
that both fit with traditional notions of due process and create the kind
of environment in which the Division’s Leniency Program functions
best. In its dealings with its partners abroad, the Division continues to
try to lead by example and advocate its policy views while remaining
cognizant of the comity considerations that are essential to what is
increasingly a cooperative regime of global cartel enforcement.
The International Antitrust Cartel Handbook brings together
leading cartel practitioners from around the world to address the critical
issues that arise throughout the lifecycle of a cartel investigation and
prosecution. The contributing drafters boast substantial
experience with cartel investigations and many have served in
senior positions in government. They know both what the law says and
how it is actually enforced, and we think you will find their
comprehensive and practical guidance invaluable. The Handbook seeks
to provide both breadth of coverage and analytical
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