1. International Cartels Cooperation Among International Antitrust Agencies

2. Formal Agreements Over 100 jurisdictions with antitrust laws Over 100 jurisdictions with antitrust laws US has 8 bilateral antitrust cooperation agreements (Australia/Brazil/Canada/EU/Germany/Israel/Japan/ Mexico) and 2 positive comity agreements (Canada/EC) US has 8 bilateral antitrust cooperation agreements (Australia/Brazil/Canada/EU/Germany/Israel/Japan/ Mexico) and 2 positive comity agreements (Canada/EC) Mutual Legal Assistance Treaties (MLATs) Mutual Legal Assistance Treaties (MLATs) Apply to criminal matters generally and are not antitrust specificApply to criminal matters generally and are not antitrust specific

3. Formal Agreements Agreements do not allow sharing of confidential information Agreements do not allow sharing of confidential information International Antitrust Enforcement Assistance Act (IAEAA) International Antitrust Enforcement Assistance Act (IAEAA) Intended to facilitate negotiation of bilateral and multilateral cooperation agreements that permit sharing of confidential informationIntended to facilitate negotiation of bilateral and multilateral cooperation agreements that permit sharing of confidential information Only one agreement entered into so far – with AustraliaOnly one agreement entered into so far – with Australia

4. Informal Cooperation International Competition Network International Competition Network 85 participating jurisdictions85 participating jurisdictions Cartel Working Group organized by US and other countries to share enforcement strategies and develop best practicesCartel Working Group organized by US and other countries to share enforcement strategies and develop best practices OECD – 30 participating jurisdictions OECD – 30 participating jurisdictions

5. Cooperation Techniques Effective cooperation even with limitations on the sharing of confidential information - Effective cooperation even with limitations on the sharing of confidential information - Coordinated dawn raids, searches, service of grand jury subpoenasCoordinated dawn raids, searches, service of grand jury subpoenas Interpol “Red Notice” list – antitrust fugitives placed on “most wanted” listInterpol “Red Notice” list – antitrust fugitives placed on “most wanted” list Assistance of foreign courts and enforcement officialsAssistance of foreign courts and enforcement officials

6. Cooperation Techniques Extradition a more serious threat Extradition a more serious threat Pending UK casePending UK case Cartel conduct criminalized in more countriesCartel conduct criminalized in more countries Dual criminality requirement in extradition treaties may be satisfied if same conduct is a crime in both jurisdictions – even if conduct is not an “antitrust” violation in one jurisdictionDual criminality requirement in extradition treaties may be satisfied if same conduct is a crime in both jurisdictions – even if conduct is not an “antitrust” violation in one jurisdiction

7. Recent Developments Empagran decision Empagran decision Supported by EU, Canada and other jurisdictions concerned about effect of overbroad interpretation of FTAIA on immunity applicationsSupported by EU, Canada and other jurisdictions concerned about effect of overbroad interpretation of FTAIA on immunity applications AMC to consider whether statutory changes should be made to FTAIA in light of EmpagranAMC to consider whether statutory changes should be made to FTAIA in light of Empagran

8. Recent Developments Harmonization of immunity policies Harmonization of immunity policies More jurisdictions following US approachMore jurisdictions following US approach Impact on number of immunity applicationsImpact on number of immunity applications Impact on US discovery rulesImpact on US discovery rules De-trebling of damage claims for amnesty applicants Effect on immunity applicationsEffect on immunity applications

9. Open Issues Whether Antitrust Modernization Commission will recommend revisions to FTAIA and IAEAA Whether Antitrust Modernization Commission will recommend revisions to FTAIA and IAEAA Whether US and EU will negotiate a formal arrangement specifically allowing sharing of confidential information Whether US and EU will negotiate a formal arrangement specifically allowing sharing of confidential information Application of US discovery rules to submissions to foreign antitrust authorities Application of US discovery rules to submissions to foreign antitrust authorities