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

ACPERA Roundtable Information

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.  

On this page:

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

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

Date and Location

Date:

Thursday, April 11, 2019
1-5 p.m.

Location:

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

Roundtable Agenda

View photos of the event
View transcript
View video of the ACPERA roundtable part 1
View video of the ACPERA roundtable part 2
View video of the ACPERA roundtable part 3

1:00 p.m. Opening Remarks

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

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

Panelists: Bonny Sweeney (Hausfeld); Peter Halle (University of Miami Law School); Amy Manning (McGuire Woods); Bruce Simon (Pearson Simon & Warshaw), Jeffrey Kessler (Winston & Strawn).

3:45 p.m.  

Session 3: Roundtable discussion on ACPERA – Panelists will discuss their research and views on ACPERA.

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

Panelists: John Terzaken (Simpson Thatcher); Roxann Henry (Morrison & Forrester); Joe Saveri (Saveri Law Firm); Scott Hammond (Gibson Dunn); John Taladay (Baker Botts).

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.

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 Web site, at the discretion of the Department of Justice. Information that is submitted in connection with this workshop 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.

ACPERA-0001  American Bar Association (ABA)

ACPERA-0002 Henry, Roxann

ACPERA-0003 Committee to Support Antitrust Laws (COSAL)

ACPERA-0004  American Antitrust Institute (AAI)

Related Documents

Executive Summary

Press Release

Updated July 18, 2019

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