Reporting a Cross-Border Cartel? Check the Guidance

Lisa Phelan spoke to Law360 for an article covering how competition enforcers around the world are increasingly adopting U.S.-inspired programs that encourage participants in illegal cartels to turn themselves in, along with their partners in corporate crime, in return for leniency.

“Often newer cartel enforcers, with little experience, don’t realize the deterrent effect of certain demands they may impose, or how certain requirements regarding such things as written witness statements, or recorded depositions, could damage the ability of other enforcers to successfully build a case in their own jurisdiction,” Lisa said. “While each country has its own system of law and specific competition laws, within that framework a lot of actions are discretionary policy, and thus the guidelines can help newly active cartel agencies understand all of the implications of various actions and policies, and see the value of communication with other, more experienced, enforcers.”

Read the full article.