Law360, New York (October 25, 2010, 1:29 PM ET) -- Congress enacted the Antitrust Criminal Penalty Enforcement and Reform Act in 2004 in part to provide increased incentives for cartel members to enter the U.S. Department of Justice’s criminal leniency program.

ACPERA offers criminal leniency applicants the opportunity to limit their civil liability by cooperating with civil claimants in the inevitable treble damages litigation that follows any DOJ criminal investigation. Under ACPERA, leniency applicants that provide “satisfactory cooperation” to civil claimants receive relief from treble damages and joint-and-several liability under the Sherman Act.

Some have questioned...