Appendix E. Protocol for Increased State Prosecution of Criminal Antitrust Offenses

• Pages: 345-347

345

APPENDIX E

PROTOCOL FOR INCREASED STATE

PROSECUTION OF CRIMINAL ANTITRUST

OFFENSES

The Antitrust Division of the United States Department of Justice is

announcing a new protocol for increased state prosecution of criminal

antitrust offenses.2The Department has developed a program for

increased prosecution by State Attorneys general of some criminal

antitrust matters that have been previously prosecuted by the United

States. This protocol defines the circumstances where the Antitrust

Division of the United States Department of Justice (“Division”) may

transfer prosecutorial responsibility, including the relevant evidence, for

certain antitrust offenses to state attorneys general.

This protocol is based on the following principles:

1. The effective criminal prosecution of certain antitrust

offenses having particularly local impacts shall not be

compromised;

2. The traditional role of States as the treble damage plaintiff

on behalf of state and local governmental purchasers of goods

and services shall not be undermined;

3. The criminal prosecution of certain antitrust offenses having

particularly local impacts shall, wherever appropriate, be

conducted by the State Attorney General for the affected

locality; and

4. Any transfer of prosecutorial responsibility under this

protocol shall be undertaken at the earliest practicable point in

the development of that matter.

In general, this procedure will be implemented for offenses

including, but not limited to, bid rigging and/or price fixing in localized

markets. The Division’s willingness to forebear criminal prosecution of a

2. 70 Antitrust & Trade Reg. Rep. 362 (BNA) (March 28, 1996).