On June 25, both the U.S. Senate and the House of Representatives passed versions of a bill that will renew the Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA). It’s been a bit of a bumpy ride for ACPERA, and it’s not quite back on the books yet after lapsing on June 22.
The original 2004 ACPERA contained a sunset provision, requiring Congress to reconsider after five years whether the Act was performing as intended to encourage cartel members to apply for leniency with the Department of Justice and come completely clean on any illegal activity. After renewing ...