Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Cartels
6.
Penalties and sanctions
6.1
What penalties may be imposed in criminal proceedings on companies? What penalties may be imposed on individuals?
United States

Answer ... The Sherman Act provides for criminal corporate penalties up to the greater of $100 million per violation or twice the defendant’s gross gain or victims’ gross loss in corporate fines. Individuals may receive up to 10 years’ imprisonment and a $1 million fine.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
6.2
What penalties may be imposed in civil proceedings on companies? What penalties may be imposed on individuals?
United States

Answer ... Both companies and individuals may be subject to joint and several liability and treble damages in private litigation.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
6.3
How are penalties in cartel cases determined? In deciding on the applicable penalties, will the enforcement authorities consider penalties imposed in other jurisdictions?
United States

Answer ... In practice, the Antitrust Division of the Department of Justice (DOJ) will calculate penalties based on the volume of commerce affected by the alleged violation, and will also take into account factors such as the timeliness and value of the defendant’s cooperation. However, the ultimate power to approve and set penalties lies with the court. The DOJ generally does not take into account penalties imposed by other jurisdictions, although it may do so in limited circumstances, such as where penalties imposed elsewhere impact on the defendant’s financial viability and ability to pay a penalty in the United States.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
6.4
Can a defendant company pay the legal costs incurred by and/or penalties imposed on its employees?
United States

Answer ... Companies may pay legal costs incurred by former and current employees.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
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Cartels