Criminal Antitrust Practice And The 'Naked Agreement'

Law360, New York (April 5, 2010, 11:04 AM EDT) -- Antitrust practice in the U.S. has long assumed that the "naked agreement" facts of per se crimes such as price-fixing are legal, not jury, issues.

However, a recent series of jury trial decisions by the U. S. Supreme Court outside antitrust law, including the revolutionary Booker case on the then mandatory Federal Sentencing Guidelines, are a wake up call for the U.S. Department of Justice Antitrust Division and the defense bar that this assumption is not valid, with profound implications for criminal antitrust practice in the...
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