• District Court Requires the Antitrust Division of the Department of Justice to Honor an Amnesty Agreement in a Criminal Antitrust Investigation
  • March 8, 2005 | Authors: Stephen E. Baskin; Constance K. Robinson
  • Law Firms: Kilpatrick Stockton LLP - Atlanta Office ; Kilpatrick Stockton LLP - Washington Office
  • A federal district court in the Eastern District of Pennsylvania recently held that the USDOJ's Antitrust Division may not unilaterally withdraw from an amnesty agreement without a prior ruling that the cooperating company had actually breached the agreement. The Stolt-Nielsen SA v. United States decision called into question the scope of the Division's ability to decide the fate of cooperating witnesses, and it highlighted the importance of amnesty agreements as a way to limit both corporate and individual criminal liability once a potential antitrust violation has been discovered.