Time For A New Look At Antitrust Penalties

Law360 (July 3, 2008, 12:00 AM EDT) -- On June 22, 2009, provisions of the Antitrust Criminal Penalty Enhancement and Reform Act (“ACPERA”) regarding the current Leniency Program will sunset.[1] Specifically, those provisions of the ACPERA that limit civil liability of cooperating amnesty applicants to single damages will lapse next year unless Congress takes affirmative actions.[2]

Thus, Congress will be in a position to revisit the current laws supporting the U.S.’s antitrust criminal enforcement regime and could test the continued efficacy of those laws.

Moreover, Congress’s upcoming action (or inaction, if it chooses to...
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