Obama Signs Legislation Extending Limitations On Civil Liability For Amnesty Applicants

On June 19, President Barack Obama signed legislation extending provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ("ACPERA") that allow successful amnesty applicants under the Department of Justice Antitrust Division's corporate leniency program who provide "satisfactory cooperation" to private plaintiffs to avoid the treble damages and joint and several liability typically available in private antitrust suits. These provisions were originally scheduled to sunset on June 22, 2009, but will now be available to all applicants who enter into amnesty agreements with the Antitrust Division on or before June 22, 2010.

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Published In: Antitrust & Trade Regulation Updates, Civil Remedies Updates, General Business Updates, Criminal Law Updates, Elections & Politics Updates

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