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Cartel Whistleblowing: Toward an American Model?

Alan Riley-2002-03-01-Maastricht Journal of European and Comparative Law
8

TL;DRAbstract

In August 1993 the Antitrust Division of the US Justice Department adopted a new Corporate Leniency Programme (CLP). It differed considerably from the previous leniency programme in providing a high degree of transparency and certainty. The first member of a cartel to provide evidence would be granted amnesty from all US prosecutions, particularly, no criminal fines and no gaol sentences could be imposed. The new CLP has been a staggering success. Currently CLP applications are running at two per month. CLP applications have also provided key evidence in the Vitamins case. A case which First has described as ‘probably the most economically damaging cartel ever prosecuted under US antitrust law’. In that case the Antitrust Division obtained the highest fines against an undertaking in the 111year history of the Sherman Act, $500 million from F. Hoffman La Roche.

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In August 1993 the Antitrust Division of the US Justice Department adopted a new Corporate Leniency Programme (CLP). It differed considerably from the previous leniency programme in providing a high degree of transparency and certainty. The first member of a cartel to provide evidence would be granted amnesty from all US prosecutions, particularly, no criminal fines and no gaol sentences could be imposed. The new CLP has been a staggering success. Currently CLP applications are running at two per month. CLP applications have also provided key evidence in the Vitamins case. A case which First has described as ‘probably the most economically damaging cartel ever prosecuted under US antitrust law’. In that case the Antitrust Division obtained the highest fines against an undertaking in the 111year history of the Sherman Act, $500 million from F. Hoffman La Roche.

Keywords

CartelAmnestyTransparency (behavior)LawPolitical scienceLaw and economicsEconomic JusticeCertainty

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