Criminal Antitrust Whistleblower Act Reintroduced

On January 22, 2013, Sens. Patrick Leahy (D-VT) and Chuck Grassley (R-IA) reintroduced legislation to the Senate Judiciary Committee that would extend whistleblower protections to employees who provide information to federal prosecutors in criminal antitrust investigations.¹ If passed, the Criminal Antitrust Anti-Retaliation Act of 2013 ("Act") would allow employees to file a complaint with the U.S. Department of Labor about suspected retaliation for cooperating with the Department of Justice.

The Act would amend the Antitrust Criminal Penalties Enforcement and Reform Act, which protects guilty informants through the Antitrust Division's Leniency Program. The Act would apply to innocent third parties who come forward and report antitrust violations. Also, as written, the Act would protect any individual except those who "planned and initiated" the antitrust conspiracy (emphasis added). This narrow limitation allows for protection of a broad class of employees who may