Hogan Lovells Publications | Antitrust and Competition Alert | 15 May 2019

Sunset on ACPERA draws the antitrust bar to DOJ's roundtable

The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) incentivizes companies to self-report criminal antitrust conduct under the Antitrust Division's (the Division) leniency program by reducing civil liability for successful leniency applicants that also cooperate with plaintiffs in related civil litigation.

ACPERA, however, will expire in 2020 unless Congress reauthorizes it. As part of the reauthorization process, the Division is considering proposing revisions to Congress. Last month, the Division hosted a roundtable to gather comments and insight into whether – and if so, how best – to revise ACPERA. The Division invites additional comment on its forthcoming revisions to Congress before 31 May.

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