Preface

• Pages: 12-13

xi

PREFACE

This Antitrust Cartel Leniency and Sentencing Handbook provides a

guide for criminal antitrust practitioners to help navigate the Antitrust

Division’s Leniency Program. The Leniency Program is a powerful tool

wielded by the Antitrust Division in its investigation of and enforcement

against antitrust cartel activity. Both individuals and corporations who

properly comply with the “carrot” offered in connection with the

Leniency Program’s reporting and cooperation requirements can avoid

the “stick” of certain criminal enforcement consequences, including

conviction and fines. Accordingly, this handbook provides an overview

of the criminal enforcement consequences of antitrust violations and the

mechanisms of the Leniency Program, including the specific

requirements applicable to corporations and individuals, respectively.

The book also analyzes the various strategic considerations involved in

seeking leniency and participating in the Leniency Program. Finally, this

handbook discusses related topics concerning criminal antitrust

enforcement, including sentencing and calculation of fines.

The contributing authors undertook the superb work of researching,

drafting and revising each of the chapters. This handbook’s contributing

authors and reviewers include: Jeffrey Amato, Dylan Ballard, Leo

Caseria, Daniel Oliveira Andreoli, James Attridge, Casey Halladay,

Brendan Coffman, Lindsey Olson Collins, Laura Gronauer, Kathryn

Hellings, Danielle Irvine, Mark Krotoski, Marisa Madaras, Robert

Manoso, Darley Maw, Jeffrey Martino, Eric Meiring, Susan Musser,

Daniel Oakes, Ann O’Brien, Lisa Phelan, Carsten Reichel, Ewoud

Sakkers, Marc Siegel, Karen Sharp, Alex Shepard Spiegel, Brian Smith,

Alyse Stache, Byron Tuyay, Michelle Tanney, Daniella Torrealba,

Douglas Tween, Lindsay Valaa, Audrey Van Duyn, Jeff Van

Hooreweghe, Duncan Weals, and Heather Zuckert.

Many individuals were involved in this project over the course of

years. The principal editor of this book is Ann O’Brien, who tirelessly

coordinated the organization and updating of the entire project and edited

the manuscript for accuracy and consistency. Without the extraordinary

editorial and production assistance of Ann and numerous individuals at

Sheppard, Mullin, Richter, & Hampton, LLP, including Leo Caseria, Co-

Chair of the Section’s Books and Treatises Committee, this book simply

would not have been possible.