Compelling Disgorgement In Antitrust Cases

Law360, New York (February 16, 2011, 12:51 PM EST) -- On Feb. 2, for the first time, a court ordered an antitrust defendant to disgorge profits under the Sherman Act. The court in United States v. Keyspan Corp., No. 1: 10-CV-01415-WAP (S.D.N.Y.), approved a consent order, and reasoned that the Antitrust Division of the U.S. Department of Justice may seek disgorgement as a remedy, because the $12 million ordered to be paid by the defendant reflected "benefits of their conspiracy." Id. at 10.

Keyspan Corp., a generator of electricity, had contracted for a derivatives swap that...
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