Plaintiff - and defense - side lawyers propose differing reforms to protect companies that decide to apply for leniency.

On April 11, 2019, the Department of Justice Antitrust Division assembled a roundtable to discuss the efficacy and future of the Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA), which was enacted in 2004 to incentivize companies to apply for leniency. With ACPERA set to expire in 2020, the Antitrust Division convened the roundtable to “hear the views of interested stakeholders regarding ACPERA and its impact on the Division’s criminal enforcement efforts.” Those views, including reform proposals, are summarized below.