Analysis

Antitrust 'Leniency' Incentive Saved, With Lingering Criticisms

Law360 (June 29, 2020, 8:33 PM EDT) -- Companies looking to report criminal antitrust activity briefly lost a key incentive to come forward last week, only for lawmakers days later to do away with a "sunset" provision that had been left untouched for years, yet some experts caution there are still shortcomings in the "leniency" program for would-be targets of probes.

Plaintiffs and corporate defense attorneys specializing in private litigation that follows U.S. Department of Justice antitrust enforcement actions hailed the restoration of a key provision in the Antitrust Criminal Penalty Enhancement and Reform Act, or ACPERA, limiting how much money private plaintiffs can seek from companies that cooperate...

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