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Statistics on Criminal Prosecution of Individuals for Antitrust Violations

By David Laing

Representing an individual under investigation for, or charged with, an antitrust violation presents difficult decisions for reaching a plea agreement or going to trial, and the past decade of federal prosecution of antitrust violations has substantially increased the complexity of the decisions required. The multiple defendants, including corporate defendants with business incentives to avoid uncertainty and plead early, and corporate or individual defendants that may benefit from the Antitrust Division's leniency policy ' the first to report a violation and cooperate receives immunity from prosecution ' create several potential dilemmas in determining how to position an individual client.

This article provides statistics on trends in Antitrust Division prosecution of individuals to assist in the decisions of how to position individual defendants, and on how to explain strategies to the client ' often one of the most difficult aspects of the representation.

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