High Court Ruling Makes Economics Crucial In Cartel Cases

Law360, New York (June 22, 2012, 8:48 PM EDT) -- The U.S. Supreme Court's Thursday decision to hold the government to the highest burden of proof when arguing for increased fines in criminal cases will make economic analysis that much more important for the U.S. Department of Justice and antitrust defendants in the early stages, when they battle over how much harm the defendants' cartel caused, attorneys say.

The ruling in Southern Union Co. v. U.S. confirmed that the court's 2000 decision that any fact used to increase a maximum penalty must be proven to a...
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