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Tuesday, December 13, 2005 6:32:54 PM
in this doj speech of 2004. Did the legislation come to pass? LOLo
http://www.usdoj.gov/atr/public/speeches/204227.htm
" The Antitrust Division's leniency program remains the best method of cartel detection. Most of our criminal cases are developed directly or indirectly from a firm that sought leniency. The message of the program is, we'll go easy on you if you cooperate. The same federal legislation I just mentioned will make cooperation more attractive. A "de-trebling" provision limits damages in a follow-on civil action against a leniency program participant, arising out of the conduct for which it received leniency, to actual damages, as opposed to treble damages.
The cooperation requirement of the leniency program is serious. The Division recently kicked one participant out of the program for failing to abide by its terms. The Division also recently released a statement on the program's requirements.
All companies that apply to the Corporate Leniency Program must meet certain requirements and make accurate representations to the Division. Corporate applicants are accepted on a conditional basis. As part of its enforcement efforts, throughout the investigation, the Division verifies the representations of the corporate leniency applicant. At any time throughout the process, the Division may expel an applicant after concluding that a company has made false representations to the Division or has otherwise not fully complied with the leniency policy requirements.
Press Release, Justice Department Statement Regarding Antitrust Division's Corporate Leniency Program (Mar. 22, 2004). "
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