On July 31, 2012, federal legislation that would provide whistleblower protection for employees who report criminal antitrust activity was introduced. The proposed Criminal Antitrust Anti-Retaliation Act would amend the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) ? which reduced civil liability for successful leniency applicants and significantly increased antitrust penalties ? by extending whistleblower protection to employees who report conduct reasonably believed to be a violation of the antitrust laws to the U.S. Department of Justice's (DOJ) Antitrust Division. Such employees would be protected against retaliation by their employers. The proposed legislation, which has been referred to the Senate Judiciary Committee for consideration, creates incentives for employees that could have an impact on corporate compliance programs and the Antitrust Division's leniency program, which offers immunity to a corporation or individual that is the first to report criminal antitrust activity.
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New legislation would provide whistleblower protections for reporting criminal antitrust activity
- McGuireWoods LLP
- Joshua D. Davey and Anne Marie Cushmac
- USA
- August 23 2012
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Don Sangster
Legal Department Administrator
Jovian Capital Corporation