Time To Reform The Antitrust Sentencing Guidelines

Law360, New York (August 9, 2016, 11:21 AM EDT) -- Both as a prosecutor with the Antitrust Division, and now as a defense attorney, I dislike the United States sentencing guidelines, more specifically, U.S.S.G. §2R1.1 (Bid-Rigging, Price-Fixing or Market-Allocation Agreements Among Competitors). As a prosecutor, I disliked that the guidelines were mandatory when first promulgated in 1984. That made the Antitrust Division both prosecutor and judge since virtually every case was resolved by plea agreement. I was happy to leave the tough job of imposing a sentence to a judge. That concern was alleviated by the...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.