On October 1, 2020, the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act (ACPERA) became law, keeping intact the detrebling provision of the Department of Justice (DOJ), Antitrust Division’s Leniency Program, which recently ended under its own sunset provision.
To qualify as a leniency applicant, a company must be the first to report unlawful conduct and then fully cooperate with any resulting DOJ investigation. If the terms of the Leniency Program are met, the company will not be charged criminally and will receive a reduction in costly civil damages.
In announcing the signing of this new law, the DOJ advised, “ACPERA will continue to mitigate a successful leniency applicant’s civil damages exposure from treble damages to actual damages if the company provides civil plaintiffs with timely and satisfactory cooperation.” The DOJ further noted, “while treble damages liability can be an important deterrent for engaging in anti-competitive behavior, civil exposure also can deter self-reporting of criminal wrongdoing.”
Historically, the Leniency Program has been the backbone of the Antitrust Division’s criminal enforcement effort to uncover price fixing and bid rigging conspiracies among competitors. When used in conjunction with a robust compliance program, the Leniency Program can assist companies in successfully mitigating the criminal and civil consequences of their illegal business practices.
The law firm of Dysart Willis Houchin & Hubbard has former state and federal prosecutors ready to help you benefit from these company friendly, law enforcement programs anywhere in the world.