Ann O'Brien Comments on Future of Expired Acpera

News / June 24, 2020

Partner Ann O’Brien is quoted in an article published June 22, 2020, by Mlex Market Insight. The article, “Acpera’s Future Uncertain as Immediate Extension is Hampered by Democrat Senator’s Spat with DOJ,” reports on the expiration of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (Acpera), which reduces civil damages for companies that self-report cartel behavior. Any immediate legislative action to renew or reform Acpera could be held up by an ongoing spat between a Democratic senator and the U.S. Department of Justice (DOJ).

O’Brien, a former senior DOJ antitrust official, told the publication the analogy “caught between the devil and the deep blue sea” aptly describes the current scenario. With Acpera available, defendants may have some uncertainty, but without it, they face the threat of treble damages and so they will likely be less happy if it goes away, O’Brien said.

Read the article (registration required).