Allegations of corporate antitrust “recidivism” often accompany criminal enforcement actions by the U.S. Department of Justice Antitrust Division, particularly when charges are brought against companies with prior antitrust enforcement actions. This article argues that such narratives often mischaracterize the nature of repeat cases. Drawing on DOJ policy, sentencing practices, and recent enforcement examples, this article explains that true recidivism is uncommon in the United States. Inste
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