Clifford Chance

10 Steps You Can Take To Mitigate Your Risks

26 October 2012

As the number of jurisdictions enacting antitrust laws surpasses 100, extraterritoriality (the ability of those outside a jurisdiction to be held liable within the jurisdiction) becomes a significant risk management issue for multi-national companies.

Conduct in one or just a few jurisdictions may end up being prosecuted around the world. A single instance of anticompetitive conduct may be subject to redress in multiple jurisdictions, levying a significant financial cost (legal fees, fines, and private damages) on defendants, forcing them to make multi-faceted leniency decisions and exposing them to the potential for divergent and/or contrasting legal requirements.

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