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Key updates in the Division’s Leniency Policy, and then offers some ideas for further changes in law and policy which the Division and Congress may wish to consider to boost participation in the leniency program and ensure continued robust cartel enforcement.
Wednesday, February 24, 2021 Congress recently took two steps towards incentivizing private participation in federal cartel enforcement: the permanent adoption of ACPERA, and enactment of the Criminal Antitrust Anti-Retaliation Act. While now companies may have permanent incentives to self-report cartel activity, and whistleblowing employees may be better protected from employer retaliation, no surge in individual cartel reporting should be expected absent direct whistleblower financial incentives, such as found in other federal enforcement regimes. ACPERA Is Now Permanent Signe...