DOJ's Antitrust Division has made criminal enforcement of the antitrust laws a top priority over the last two decades. Its leniency policy has uncovered a diverse range of international and domestic conspiracies—both large and small—and resulted in numerous pleas, massive fines, jail time for top executives and a plethora of follow-on private litigation.
During just the last 10 years, average yearly criminal fines imposed by the Antitrust Division on price fixers have increased from approximately $100 million a year to well over $1 billion annually. The number of executives jailed also has increased dramatically—including many foreign nationals—and average jail terms now exceed two years. The Division also has made it a point to attempt to extradite non-American executives residing abroad for prosecution in the United States. Whatever political winds may blow in Washington, criminal antitrust enforcement has broad, bipartisan support. Moreover, companies facing international cartel investigations must anticipate enforcement actions not only by the Antitrust Division and the European Commission, but also by other antitrust authorities around the world. Jurisdictions such as Canada, Australia, Brazil, Japan, Ireland, Israel and the UK can and will pursue criminal antitrust charges.