Nota Bene Episode 96: Examining Amnesty Conditions Under the U.S. Antitrust Leniency Scheme with Dylan Ballard and Mike Scarborough

09.09.2020

Antitrust litigation of cartels in the U.S. is a complex area of law that skilled attorneys must guide their clients through. To fully understand the nuances of this area of law, we’re exploring the development of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) over the years and the growth of cartel litigation in the U.S.

Joining me for this conversation are two guests, Dylan Ballard and Mike Scarborough. Dylan Ballard is a partner in the Antitrust and Competition Practice Group in Sheppard Mullin’s San Francisco office, where he leads the firm’s San Francisco Recruiting Committee. He is a trial lawyer who specializes in litigating antitrust and competition cases arising under the federal Sherman and Clayton Acts, as well as state antitrust, consumer protection, and unfair competition statutes. 

Mike Scarborough is a partner and Practice Group Leader of the Antitrust and Competition Practice Group in Sheppard Mullins San Francisco office. He specializes in complex litigation, with extensive experience handling international cartel investigations, class actions, high-stakes commercial disputes, consumer protection matters, and litigation and investigations at the intersection of antitrust and intellectual property law. 

What We Discussed in This Episode:

  • What is a cartel?
  • Why does the U.S. have an amnesty program for cartels?
  • How did the leniency program in the U.S. become a model for jurisdictions around the world?
  • How effective has the leniency program been for cartel defense over the years?
  • What distinguishes the U.S. response to cartels from the response of other jurisdictions around the world?
  • What are the issues associated with signing confession statements?
  • What was Congress trying to accomplish when it passed the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA)?
  • Who determines if the cooperation given to the civil claimants by the government is satisfactory and timely?
  • What cost/benefit analysis must be conducted by claimants prior to seeking amnesty?
  • How can the ACPERA statute be improved?

Resources Mentioned:

Dylan and Mike’s articles:

Practice Areas

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