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Extradition and antitrust law: Businessmen involved in global cartels extradited to foreign countries

Christopher Thomas, Gianni De Stefano, Concurrences No 3-2017

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As more jurisdictions criminalise cartel conduct and increase cooperation with other enforcement regimes, the threat of extradition in global cartel cases is becoming more and more real.

The successful extraditions, directly or indirectly related to cartel charges, so far have involved five countries: the United Kingdom (2010), Israel (2012), Germany (2014), Canada (2014) and Bulgaria (2016). These five extraditions have involved citizens from five countries: the United Kingdom, the United States (based on a dual citizenship), Italy, Canada and Israel. On the other hand, no extradition has been sought from Japan until today even if dozens of Japanese executives remains fugitives for the US justice. The nationality of the defendant may prevent extradition—but not when they travel, and no one is really safe.

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