A Rare Ruling On Antitrust Whistleblower Protections

Law360, New York (October 9, 2015, 9:57 AM EDT) -- In Morning Star Packing Company v. S.K. Foods, Judge Kimberly Mueller of the U.S. District Court for the Eastern District of California issued a key decision interpreting the Antitrust Criminal Penalty Enhancement and Reform Act ("ACPERA"). She became the first federal judge in the country to recognize that a civil defendant that has received criminal leniency from the Antitrust Division of the U.S. Department of Justice may benefit from limited liability for potential civil damages stemming from both antitrust and non-antitrust claims. See generally Morning Star Packing Co. v. S.K. Foods LP, No. 2:09-CV-00208, 2015 U.S. Dist. LEXIS 80034 (E.D. Cal. June 18, 2015). This decision broadly interprets the scope of the protections afforded by ACPERA and provides potential corporate amnesty applicants with greater certainty when deciding on whether to cooperate with the Antitrust Division....

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