Clifford Chance

Congress Reauthorizes ACPERA, Restoring Reduced Civil Liability for Companies Receiving Criminal Leniency for US Antitrust Violations

October 2, 2020

On June 23, we reported that Congress had not reauthorized the Antitrust Criminal Penalty Enhancement & Reform Act, which offered the prospect of reduced civil liability for companies that successfully sought and received leniency from criminal prosecution from the Department of Justice's Antitrust Division. In our June 23 publication, we also identified the risks that companies face without ACPERA's benefits, analyzed the main criticisms concerning ACPERA's effectiveness, and gave our view that preserving ACPERA in its current form would be superior to letting it expire. On October 1, ACPERA was extended permanently in its original form, applying retroactively to any markers or agreements entered into in the brief period when ACPERA was expired.

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