It’s Time to Revisit Antitrust Penalties

Does antitrust crime pay? Many antitrust lawyers and scholars believe it does, and have called upon the U.S. Sentencing Commission to revisit the penalties imposed on individuals and corporations who commit antitrust violations. Despite escalating corporate fines and longer jail sentences, it is widely acknowledged that cartel activity is still being under-deterred. By many accounts, only 25 percent of cartels are ever detected by enforcement agencies, and of those detected and prosecuted, even less result in significant fines or jail time for participants. Plus, recidivism amongst cartel participants is common.