Jay L. Himes Spoke on Issues Arising Under the Antitrust Criminal Penalty Enhancement Reform Act of 2004

Washington, D.C.
October 15, 2009

Jay L. Himes spoke on issues arising under the Antitrust Criminal Penalty Enhancement Reform Act of 2004 (ACPERA) at a meeting that began at 1:00 p.m. on October 15, 2009 at the U.S. Department of Justice in Washington, D.C.

Some of the topics discussed included:  

With whom must the amnesty applicant cooperate? How does the MDL/consolidation process affect this and timing issues?

What cooperation must the amnesty applicant provide to plaintiffs? What impact, if any, does a US or foreign enforcement investigation or prosecution have on the nature and scope of that cooperation?

Has ACPERA actually caused more amnesty applications? Has the detrebling provision of ACPERA had a negative impact on the victim's ability to recover damages? Is there a way to retrospectively study these issues?