Why Acpera isn’t Working and How to Fix it

By John M. Taladay – 

The uncertainty surrounding ACPERA’s benefits have limited its impact. The statute is ineffective before trial, when the vast majority of antitrust civil matters are resolved. If the leniency program and ACPERA are to continue to be effective tools in cartel enforcement, an amendment to the ACPERA statute is necessary. Creating a rebuttable presumption of cooperation would correct the current ambiguities in the statute that have reduced its potential impact. Both plaintiffs and ACPERA applicants would benefit — plaintiffs will continue to receive full cooperation and ACPERA applicants will receive the reduction in civil penalties anticipated by the statute.

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