The Value Of ACPERA

Law360, New York (May 29, 2009, 12:00 AM EDT) -- Without reference to empirical data or any individual precedent, the authors of the article The End of ‘De-Trebling?’ claim that corporate violators of the antitrust laws seek amnesty “today for the same reasons they did before [the Antitrust Criminal Penalty Enhancement and Reform Act].”

Reality demonstrates otherwise. Under the provisions of the 1993 Act, the government could waive its right to criminal fines, but the amnesty defendant still faced joint and several treble damages in civil litigation.[1] This threat to the applicant was a major impediment...
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