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Free Movement Of Judgments: Increasing Deterrence Of International Cartels Through Jurisdictional Reliance, Michal Gal

Michal Gal

This article challenges the conventional wisdom that not much can be done under the existing atomistic system of antitrust enforcement to solve the problem of sub-optimal deterrence of international cartels. Low deterrence results from two main facts: first, international cartels are generally prosecuted by only a fraction of the jurisdictions harmed by them. Second, monetary sanctions imposed by those jurisdictions are generally based only on the harm incurred to their domestic markets. To solve this problem, this article proposes a novel legal tool that would enable countries to adopt and rely upon foreign findings of international hard-core cartels, provided that …