Law360, New York (May 21, 2009, 12:00 AM ET) -- Nearly five years ago, President Bush signed into law the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA)[1] to enhance criminal sanctions for antitrust violations and create a mechanism for Corporate Amnesty applicants to limit their private civil exposure to single damages without joint and several liability.

The U.S. Department of Justice Antitrust Division proclaimed at the time that “de-trebling” would remove a “major disincentive for submitting amnesty applications.”[2] Today, the five-year sunset provision is about to expire. Absent congressional intervention, de-trebling will cease...