Comparative Guides

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4. Results: Answers
Trends and predictions
How would you describe the current cartel enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
United States

Answer ... The Antitrust Division of the Department of Justice (DOJ) continues to stress the importance of its criminal enforcement programme. Nevertheless, there has been a marked decrease in fines imposed since 2016. This decrease has coincided with the conclusion of several significant investigations.

The most recent legislative reform to US cartel enforcement is the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA), which limits a successful amnesty applicant’s damages in follow-on private lawsuits when certain conditions are met. ACPERA will expire in 2020, unless it is reauthorised by Congress. Reauthorisation is probable.

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