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