Donald Klawiter, Nov 05, 2010
Judge Douglas H. Ginsburg and Professor Joshua D. Wright’s excellent study of antitrust sanctions for corporations and individuals concludes with a strong recommendation that individual penalties, specifically incarceration, will be the most appropriate and effective penalties for antitrust violations. This article will analyze the punishment of defendant executives as it has evolved during the era of international cartel enforcement (1995 to 2010) and will conclude that, although it was slow to get there, the current enforcement policy and practice focuses much more directly on the defendant executive that if ever has and is approaching the Ginsburg-Wright model as the major deterrence factor. The article also argues that both the Antitrust Division and corporate compliance training must inform the corporate executives much more effectively of the harsh penalties executives will face if they violate the law. Finally, the article reviews several activities that may cause defendant executives greater risk during an antitrust investigation and provides important advice to the executives, counsel, and board members to navigate around those serious risks.
Featured News
Fifth Circuit Upholds Dismissal of Antitrust Suit Against NAR
Sep 10, 2026 by
CPI
Saudi Wealth Fund Weighs Merger of EA and Savvy Games
Sep 10, 2026 by
CPI
South Korea Antitrust Regulator Pushes Back on Korean Air Bid to Ease Merger Curbs
Sep 10, 2026 by
CPI
China’s Top Court Steps Up Antitrust Enforcement Push
Sep 10, 2026 by
CPI
US Justice Department Examines Nvidia’s $17 Billion Groq Deal
Sep 10, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – State Attorneys General
Aug 27, 2026 by
CPI
CPI Talks… with Jonathan Skrmetti, Attorney General of Tennessee
Aug 27, 2026 by
Jonathan Skrmetti
What the Live Nation Jury Instructions Tell Us About California’s Unfair Competition Law
Aug 27, 2026 by
Henry Hauser, Brent Nakamura, Ashley Kaplan, Brian Wang & Cari Jeffries
From Backroom Deals to Public Scrutiny: The Tunney Act’s Past, Present, and Future
Aug 27, 2026 by
Christina M. Black & Ashley A. Locke
Understanding the Fragility of Economic Concentration Through the Principles of Ecology
Aug 27, 2026 by
Alexandra Spring