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ARTICLE · 15 JANUARY 2021

Protection For Criminal Antitrust Whistleblowers Signed Into Law

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 ("the Act")

United StatesAntitrust/Competition Law

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 ("the Act") became law on December 23, 2020. See 15 U.S.C. § 7a-3. The Act, which Senator Chuck Grassley sponsored, prohibits employers from retaliating against individuals who report criminal antitrust violations to their employer or the federal government, or who participate in a federal governmental criminal antitrust investigation or proceeding.

Background

The Act's co-sponsor, Senator Patrick Leahy, introduced the Act in 2012 as an answer to a 2011 Government Accountability Office report calling for whistleblower protections for individuals who report criminal antitrust violations. Although the Senate unanimously passed prior iterations of the Act in 2013, 2015, and 2017, the House of Representatives never voted on them. The House finally gave the Act a nod in the 116th congressional session following the

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