Government Undermines Amnesty Program: The Troubling Case Of Stolt-Nielsen

Law360, New York (April 27, 2006, 12:00 AM EDT) -- In a case of first impression, on March 23, 2006, the United States Court of Appeals for the Third Circuit ruled that the Antitrust Division of the Department of Justice (“DOJ”) could bring criminal antitrust charges against a company that had previously been granted amnesty under the DOJ Amnesty Program. The Court’s decision in Stolt-Nielsen S.A. v. United States, No. 05-1480, significantly undermines the DOJ Amnesty Program, which functions properly only upon the trust of the amnesty applicant that the government will live up to its...
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