The Curve Of Cross Border Cartel Enforcement (Challenges and Remedies in Global Business Environment)

  • Shahzada Aamir Mushtaq Ph.D Scholar at School of Law and Economics, Zhengzhou University, Henan, Mainland China
  • Fraz Ashraf Khan Assistant Professor, University of the Punjab, Jhelum Campus, Pakistan
Keywords: Cartels, Economic Effects, Extraterritorial Jurisdiction, Evidence Gathering, Relevant Market


The purpose of this article stated that the global economic arena has taken new insights across the shore of nations.  THE new economic challenges are waiting for the anti-trust enforcers to make sure strict compliance with the antitrust laws and in addition this dissertational work highlights the incipient violations across the borders and suggests its possible legel outcoms in the near future in order to make the economic market a level playing field for any business entrants. It particularly shed light on the cross border cartels and their effects on the relevant market, additionally we have taken the global view of the legislative aspects along with their de jure appliances and improvements for the proper economic growth under the auspices of legal framework. The ramification of cross border cartel enforcement has surfaced astoundingly between 1998 to 2015, underlining the earnest and prompt action to strengthen and revisit the competition law enforcement tools and proficiency. The technological advancements and liberalization of trade has risen significant challenges which includes the enforcement of cross border cartels and mergers. The globalization of corporate activities and deregulation of business markets and numerous industrial sectors has endangered the theoretical foundation of domestic and international competition enforcement regime. The transnational anticompetitive practices like monopolization of markets, collusive price fixing, vertical restraints of trade and international cartels currently challenged the jurisdiction and policies of OECD, WTO, UNCTAD, and ICN. This frightening situation necessarily be regularized by establishing worldwide competition policy and globally admirable enforcement standard. The weaknesses of unilateral, bilateral, and multilateral compacts be re-examined in order to cope with the cross- border competition challenges efficaciously. The extraterritorial, jurisdictional, and investigative mechanisms could be enclosed with binding nature of legal structures to deter cross border antitrust violations for smooth economic growth. The EU and US actively pursuing to establish the unanimous international antitrust regime instead of discrepancies to integrate WTO and ICN being multilateral cooperation forum. Currently, US, CANADA, EU, JAPAN and CHINA across the globe become more engaged in international cartels evidence gathering and investigations. The developments in information sharing, private enforcement, follow on civil litigation, dawn raids, extraterritorial reach of enforcement watchdog is yet to be established.


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Burney, A., Abbas, Z., Mahmood, N., & Arifeen, Q. U. (2013). Prospects for mobile health in Pakistan and other developing countries. DOI:

Byrne, A., & Fitzpatrick, Ú. (2009). Bee conservation policy at the global, regional and national levels. Apidologie, 40(3), 194-210. DOI:

Campbell, A. N. (Ed.). (2017). Cartel Regulation. Law Business Research Ltd..

Clarke J and Evenett SJ, The Deterrent Effects of National Anti-Cartel Laws: Evidence from the International Vitamins Cartel (World Trade Institute 2002). DOI:

Daabah MM, International and Comparative Competition Law, (Cambridge University Press 2010).

Dann, G. E., & Haddow, N. (2008). Just doing business or doing just business: Google, Microsoft, Yahoo! and the business of censoring China’s Internet. Journal of Business Ethics, 79(3), 219-234. DOI:

Global Competition Review, Handbook of Competition Enforcement Agencies (Law Business Research Limited 2016).

Gutiérrez, G., & Philippon, T. (2018). How EU markets became more competitive than us markets: A study of institutional drift (No. w24700). National Bureau of Economic Research. DOI:

Hartzenberg T, ‘Competition Policy in Africa’ in C Hermann, M Krajewski and J Terhechte, European Yearbook of International Economic Law (Springer 2012) DOI:

Lake, D. A. (2010). Rightful rules: Authority, order, and the foundations of global governance. International Studies Quarterly, 54(3), 587-613. DOI:

Memorandum of Understanding between the Antitrust Division, United Sates Department of Justice and the Immigration and Naturalization Service, United States Department of Justice (15 March 1996), available at

Nam, S. S. (2018). Our Country, Right or Wrong: The FTC Act's Influence on National Silos in Antitrust Enforcement. U. Pa. J. Bus. L., 20, 210.

Republic of Arg. v. Weltover, Inc. (91-763), 504 U.S. 607 (1992).

See Brief for United States and the Federal Trade Commission as Amici Curiae in Support of Neither Party at 6, Motorola Mobility LLC v AU Optronics Corp, No. 14-8003 (7th Cir. 5 September 2014), ECF No. 92.

Singh, V. K. (2017). Failed WTO Platform for Competition Law Convergence: Evolving Alternate Regime of Mous on Internationalization of Competition Law. Indian Journal of International Law, 54(3), 368-394. DOI:

Sokol, D. D. (2007). Monopolists without borders: the institutional challenge of international antitrust in a global gilded age. Berkeley Bus. LJ, 4, 37.

Sokol, D. D., & Comerford, R. (2015). Antitrust and Regulating Big Data. Geo. Mason L. Rev., 23, 1129.

Urbanova, M. (2018). Japan’s Legacy of Technology in the Digital Era: A Mixed Methods Analysis of the Competitive Advantage of the IoT sector in Japan.

US Department of Justice, Antitrust Cooperation Agreements, available at

US Department of Justice, Improving Bilateral Antitrust Cooperation, Remarks by Charles S Stark at a Conference on Competition Policy in the Global Trading System: Perspectives from Japan, the United States, and the European Union at 2 (23 June 2000), available at

How to Cite
Shahzada Aamir Mushtaq, & Fraz Ashraf Khan. (2020). The Curve Of Cross Border Cartel Enforcement (Challenges and Remedies in Global Business Environment). Journal of Accounting and Finance in Emerging Economies, 6(1), 73-86.