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ACPERA — Lasting Limits Or Fleeting Experiment?

Law360 (March 20, 2009, 12:00 AM EDT) -- Nearly five years ago, on June 22, 2004, President George W. Bush signed into law the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”).[1] Enacted amidst much fanfare, ACPERA introduced two significant changes to the law of antitrust enforcement.

First, ACPERA greatly increased the maximum fines and jail sentences for antitrust violations — $100 million for corporations, $1 million for individuals, and 10 years imprisonment.

Second, based upon a showing of satisfactory cooperation to the private claimant, ACPERA limited the civil liability of a...
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