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Event

Public Roundtable on Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA)

Date:
Location:

Liberty Square Building, Anne K. Bingaman Auditorium & Lecture Hall
450 Fifth Street, NW
Washington, DC
United States

Event Details

Roundtable Information

ACPERA Roundtable Executive Summary (July 18, 2019)

On April 11, 2019, the Department of Justice Antitrust Division held a public roundtable to discuss the Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA). ACPERA reduces the civil damages exposure of a company granted leniency under the Antitrust Division’s Leniency Policy if the company provides civil plaintiffs with timely, “satisfactory cooperation.” ACPERA, Section 213(b) & (c), 15 U.S.C. § 1 notes. The Antitrust Division seeks to hear from interested stakeholders whether ACPERA has incentivized the self-reporting of criminal conduct and whether there are issues that have impeded the successful implementation of ACPERA.

The ACPERA Roundtable provided a public forum for the Antitrust Division to engage with the antitrust community and gain insight from judges, attorneys, economists, academics, the business community, and other interested stakeholders on the topic of ACPERA. The format of the Roundtable was a series of panel discussions with featured speakers.

For more information, please send an email to ATR.ACPERA.Reg.Info@usdoj.gov or contact:

Jennifer Dixton
Competition Policy and Advocacy Section
Antitrust Division
U.S. Department of Justice
950 Pennsylvania Ave., N.W., Room 3317
Washington, DC 20530

Press release: Department of Justice to Hold Roundtable on the Antitrust Criminal Penalty Enhancement & Reform Act (April 1, 2019)

Press release: Department of Justice Applauds Congressional Passage of Reauthorization of the Antitrust Criminal Penalty Enhancement and Reform Act (June 26, 2020)

Date and Location

Thursday, April 11, 2019
1–5 p.m.

Liberty Square Building
Anne K. Bingaman Auditorium & Lecture Hall
450 Fifth Street, NW
Washington, DC 20530

Roundtable Agenda

Camera iconEvent photos

document iconEvent transcript

1:00 p.m.

Opening Remarks

Video iconView the opening remarks, introductions, and Session 1.

Makan Delrahim, Assistant Attorney General
Richard Powers, Deputy Assistant Attorney General for Criminal Enforcement

Introduction

Ann O’Brien, Special Counsel for Criminal Policy & Assistant Chief, Competition, Policy & Advocacy Section

1:15 p.m.

Session 1: Opening Statements from Invited Stakeholders on ACPERA

Includes representatives from:

  • Global Antitrust Institute (Hon. Douglas Ginsburg)
  • American Bar Association Antitrust Section (Lindsey Vaala)
  • Business and Industry Advisory Committee (BIAC) (John Taladay)
  • U.S. Chamber of Commerce (John Wood)

2:30 p.m.

Session 2: Litigated Issues and Challenges

Video iconView Session 2.

Lessons learned from implementing ACPERA. This session will examine cases in which disputes over ACPERA’s detrebling provisions have been litigated.

Panelists

Bonny Sweeney (Hausfeld)

Peter Halle (University of Miami Law School)

Amy Manning (McGuire Woods)

Bruce Simon (Pearson Simon & Warshaw)

Jeffrey Kessler (Winston & Strawn)

DOJ Moderator: Mark Grundvig, Assistant Chief, Criminal II Section

3:45 p.m.

Session 3: Roundtable Discussion on ACPERA

Video iconView Session 3.

Panelists will discuss their research and views on ACPERA.

Panelists

John Terzaken (Simpson Thatcher)

Roxann Henry (Morrison & Forrester)

Joe Saveri (Saveri Law Firm)

Scott Hammond (Gibson Dunn)

John Taladay (Baker Botts).

DOJ Moderator: Jennifer Dixton, Attorney, Competition, Policy & Advocacy Section

4:45 p.m.

Wrap-Up

Public Comment Submissions

The Antitrust Division received written comments on the efficacy of ACPERA. The Department accepted public comments (not to exceed 20 pages) regarding the first roundtable until May 31, 2019. The comment period is now closed.

ACPERA-0001 American Bar Association (ABA)

ACPERA-0002 Henry, Roxann

ACPERA-0003 Committee to Support Antitrust Laws (COSAL)

ACPERA-0004 American Antitrust Institute (AAI)

Privacy and confidentiality: Written submissions and the identity of the submitter may be disclosed, reproduced, and distributed by publication and/or posting on the Department of Justice website, at the discretion of the Department of Justice. Information that is submitted in connection with this event cannot be maintained as confidential by the Department of Justice. Written submissions should not include any information that the submitting person seeks to preserve as private or confidential.


Updated June 22, 2023
Topic
Antitrust