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July 18, 2019
ACPERA Roundtable Executive Summary
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:
Competition Policy and Advocacy Section
U.S. Department of Justice
950 Pennsylvania Ave., N.W., Room 3317
Washington, DC 20530
April 1, 2019
Press release: Department of Justice to Hold Roundtable on the Antitrust Criminal Penalty Enhancement & Reform Act
June 26, 2020
Press release: Department of Justice Applauds Congressional Passage of Reauthorization of the Antitrust Criminal Penalty Enhancement and Reform Act
Date and Location
Thursday, April 11, 2019
Liberty Square Building
View the opening remarks, introductions, and Session 1.
Makan Delrahim, Assistant Attorney General
Ann O’Brien, Special Counsel for Criminal Policy & Assistant Chief, Competition, Policy & Advocacy Section
Session 1: Opening Statements from Invited Stakeholders on ACPERA
Includes representatives from:
Session 2: Litigated Issues and Challenges
Lessons learned from implementing ACPERA. This session will examine cases in which disputes over ACPERA’s detrebling provisions have been litigated.
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
Session 3: Roundtable Discussion on ACPERA
Panelists will discuss their research and views on ACPERA.
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
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.