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Joshua, Julian M. --- "The Brave New World of Extradition: A North Atlantic Treaty Alliance Against Cartels?" [2006] ELECD 534; in Marsden, Philip (ed), "Handbook of Research in Trans-Atlantic Antitrust" (Edward Elgar Publishing, 2006)

Book Title: Handbook of Research in Trans-Atlantic Antitrust

Editor(s): Marsden, Philip

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845421816

Section: Chapter 17

Section Title: The Brave New World of Extradition: A North Atlantic Treaty Alliance Against Cartels?

Author(s): Joshua, Julian M.

Number of pages: 22

Extract:

17 The brave new world of extradition:
a North Atlantic treaty alliance
against cartels?
Julian M. Joshua1


Extradition is the latest addition to the formidable arsenal deployed by the
US Department of justice (DoJ) in its war on international cartels. On
30 September 2005, Ian Norris, the former CEO of the Morgan Crucible
PLC made unwilling legal history as the first overseas executive whose
extradition has been ordered to the US to face criminal charges under the
Sherman Act, section 1. Norris, a UK resident and national, had been
indicted in US District Court for allegedly running a global cartel from
1989 to 2000. The prosecution case is that he orchestrated the conspiracy
from the then safe cartel haven of the UK. District Judge Nicholas Evans,
sitting at Bow Street Magistrates Court in London, decided on 1 June 2005
that the alleged price-fixing conduct was an extradition offence under
Britain's new Extradition Act 2003. Now the Home Secretary, Charles
Clarke, has ordered Norris's extradition to the US, where he is also indicted
on charges of witness tampering and destroying evidence.2 This, with other
high-profile extradition cases involving the US, has stirred a media
outcry, and a lengthy battle through the appeal courts surely lies ahead.
Nevertheless the DoJ is confident of the outcome, and regards the Norris
case as a precedent for further aggressive action against fugitives who
decline its generous invitation to `have their day in court'.
Whatever the eventual outcome, the Norris extradition ...