It Ain’t Funny How Time Slips Away: Amnesty Recipient Cooperation in Civil Antitrust Litigation

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Jay Himes, Aug 13, 2009

Five years ago, Congress enacted the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”), part of which offers reduced civil damage exposure to a cartel participant who receives amnesty under the Department of Justice Antitrust Division’s (“DOJ”) Corporate Leniency Program. Under § 213(a) of ACPERA, the amnesty recipient can limit its civil liability to