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
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?
United States

Answer ... The Antitrust Division of the Department of Justice (DOJ) does not have the power to impose penalties on a criminal defendant. If a defendant disagrees with the DOJ’s position that a violation occurred, or if a defendant disagrees with the fines sought by the DOJ, the defendant can proceed to a criminal trial. At the trial, the defendant has the right to a jury and the jury is charged with finding whether the DOJ has proven that a violation occurred beyond a reasonable doubt. In the event of a guilty verdict, the defendant can appeal the verdict or the penalty imposed by the court. The appellate court will examine the record of the proceedings and review findings of fact for clear error and findings of law de novo.

For more information about this answer please contact: Djordje Petkoski from Shearman & Sterling LLP
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?
United States

Answer ... Third parties generally cannot appeal the DOJ’s enforcement actions.

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