It Ain’t Over ’Til It’s Over: Can Making Acpera Restitution Conditional Help Fill a Gap in the Law?

By Meegan Hollywood & Dave Rochelson

The Department of Justice Antitrust Division (the “Division”) has secured dozens of guilty pleas and convictions, and billions of dollars in criminal fines over the past decade, but imposed less than $100 million in restitution to victims. Division policy explains that “[f]requently restitution is not sought in criminal antitrust cases, as damages are obtained through treble damage actions filed by the victims.” Private plaintiffs have taken up t