 Article
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Third Circuit Holds That Antitrust Leniency Agreements and Other Forms of Immunity Agreements May Not Prevent Indictment, but Could Forestall Trial |
January 30, 2007
Previously published on March 30, 2006
A recent Third Circuit decision, Stolt-Nielsen S.A. v. United States, Docket No. 05-1480 (3d
Cir. March 23, 2006), held that corporate and individual parties that were signatories to an
immunity agreement with the U.S. Department of Justice Antitrust Division were not entitled to
an injunction barring their indictment. Overruling a district court's grant of an injunction, the
Third Circuit decision held that the issue of whether there was a breach of the immunity
agreement by either party, and whether a criminal trial should ensue, was properly addressed
post-indictment. While this case arose in the context of the Antitrust Division's Corporate
Leniency Program, its lessons are of broad application with respect to consideration and
negotiation of other forms of immunity and cooperation agreements.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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