I am pleased that the Senate today will extend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004, ACPERA, for an additional 10 years. This legislation ensures that the Justice Department will have the tools it needs to effectively prosecute criminal antitrust cartels for years to come. I thank Senator Kohl for his hard work in securing passage of this important legislation. I have long supported vigorous enforcement of the antitrust laws. ACPERA provides a necessary complement to the Justice Department's highly successful corporate leniency program by limiting civil damages recoverable against a party who submits an application for leniency. Without this legislation, potential leniency applicants could be deterred from self-reporting antitrust violations that otherwise would result in significant criminal prosecutions. I would have preferred that ACPERA be permanently reauthorized. Even so, a 10-year extension ensures that the Justice Department can still provide applicants with certainty that the rules of the game will not suddenly shift underneath them. ACPERA's incentives are critical to the Justice Department's criminal antitrust enforcement efforts, and I look forward to continuing to work to provide the Antitrust Division to ensure it has the resources necessary to protect consumers.
Editor's note · Context
Leahy discusses the extension of the Antitrust Criminal Penalty Enhancement and Reform Act.
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