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Results for antitrust

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Author: Larence, Eileen R.

Title: Criminal Cartel Enforcement: Stakeholder Views on Impact of 2004 Antitrust Reform Are Mixed, but Support Whistleblower Protection

Summary: Criminal cartel activity, such as competitors conspiring to set prices, can harm consumers and the U.S. economy through lack of competition and overcharges. The Department of Justice (DOJ) Antitrust Division’s leniency program offers the possibility that the first individual or company that self-reports cartel activity will avoid criminal conviction and penalties. In 2004, the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) was enacted to encourage such reporting. The 2010 reauthorization mandated that GAO study ACPERA’s effect. This report addresses (1) the extent that ACPERA affected DOJ’s criminal cartel enforcement, (2) the ways ACPERA has reportedly affected private civil actions, and (3) key stakeholder perspectives on rewards and antiretaliatory protection for whistleblowers reporting criminal antitrust violations. GAO analyzed DOJ data on criminal cartel cases (1993-2010) and interviewed DOJ officials. GAO also interviewed a nongeneralizable sample of plaintiffs’ and defense attorneys from 17 civil cases and key stakeholders including other antitrust attorneys selected using a snowball sampling technique whereby GAO identified contacts through referrals. What GAO Recommends -- Congress may wish to consider an amendment to add a civil remedy for those who are retaliated against for reporting criminal antitrust violations. DOJ generally agreed with GAO’s findings but did not comment on this matter.

Details: Washington, DC: U.S. GAO, 2011. 76p.

Source: Internet Resource: GAO-11-619: Accessed July 26, 2011 at: http://www.gao.gov/new.items/d11619.pdf

Year: 2011

Country: United States

URL: http://www.gao.gov/new.items/d11619.pdf

Shelf Number: 122164

Keywords:
Antitrust
Criminal Cartels
Fines
Fraud
Whistleblowers