Fordham Law

International Cartel Enforcement: Globalization of Antitrust

This course deals with the problem of international cartels in an increasingly interdependent global economy and focuses on how the legal systems in the United States and the European Union detect and punish cartel behavior. It will compare the U.S. approach (criminal prosecution of both corporations and individuals, corporate fines, and jail terms for individuals) with the European Commission approach (administrative fines imposed exclusively on corporations) and will evaluate the comparative efficacy of both approaches. Among the topics to be considered will be the operation of the U.S. and EU leniency programs; the imposition of fines for cartel violations under U.S. and EU sentencing guidelines; governmental tools for obtaining evidence in cartel cases; extradition for cartel offenders; multi-jurisdictional cooperation and other efforts at convergence; extraterritoriality and discovery issues, including analysis of the Supreme Court's decisions in Aerospatiale, Empagran and Intel ; litigating and adjudicating EU law in national courts; and private antitrust remedies in the U.S. and Europe, including efforts by the EU to expand the existing system of private remedies in the EU and in EU member states.
Credits: 2

Type: SEM

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes