Strengthening enforcement: the chain of enforcement theory and its application in cross-border cases

This Think Piece underpinned a presentation to the UNCTAD Working Group on Cross-Border Cartels in February 2025.

It outlines the Chain of Enforcement Theory, emphasizing that enforcement is a sequential process where each stage builds upon the previous one. Since a chain is only as strong as its weakest link, enforcement efforts can be easily obstructed if a single stage fails. This theory is particularly relevant in cross-border cases, where enforcement faces unique challenges such as legal discrepancies, jurisdictional limitations, and lack of cooperation between authorities. This brief provides real-world examples of how agencies may overcome cross-border enforcement challenges. It underscores the importance of strengthening enforcement mechanisms and enhancing international cooperation to close regulatory gaps and combat anti-competitive practices effectively. It urges agencies to assess their vulnerabilities, develop in-house expertise, and proactively engage with foreign counterparts to improve enforcement efficiency.