The United States remains a leader in cartel enforcement, in part given its long tradition of prosecuting cartel conduct both criminally and civilly. Indeed, “the United States remains the only jurisdiction that has extensive experience utilizing . . . incarceration, [criminal ? nes,] and private damages litigation” to prosecute cartel activity - DOJ Policy Speech (Mar 1, 2012).

The agency primarily responsible for cartel enforcement, the Antitrust Division of the Department of Justice (DOJ), employs an arsenal of tools for detecting and investigating cartel conduct. Perhaps the most notable tool is the DOJ’s Leniency Program, which gives full immunity to the ? rst company or individual to report the cartel and cooperate with the DOJ. Indeed, over 90% of the DOJ’s cartel ? nes in recent years have stemmed from its Leniency Program. In addition to DOJ enforcement, the majority of U.S. states can bring enforcement actions against suspected cartel members, and there is an active plaintiffs’ bar in the United States that can bring private enforcement actions - a bar motivated by the possibility of recovering treble damages.

Originally published in Global Legal Insight.