June Antitrust Bulletin - Law Extends Civil Leniency for Antitrust Cooperators

On June 9, 2010, President Obama signed into law a 10-year extension of the civil leniency provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA). The new law extends the sunset date for ACPERA to June 22, 2020.

ACPERA protects individuals and companies that self-report criminal violations of the Sherman Act to the Department of Justice's Antitrust Division from the treble damages and joint-and-several liability ordinarily imposed in private antitrust litigation. ACPERA's protections are designed to promote participation in the Antitrust Division's leniency program and to encourage leniency applicants to cooperate with private plaintiffs.

Under the leniency program, the first member of an antitrust cartel to report the anticompetitive conduct and cooperate with the government – and otherwise meet the requirements of the program – is granted amnesty from criminal prosecution. ACPERA provides an additional incentive for such