Blowing the Whistle on the Lack of Antitrust Whistleblower Protection

By Jay L. Himes & Matthew J. Perez

With the Antitrust Criminal Penalty Enhancement and Reform Act (“ACPERA”) set to sunset in June 2020, legislators and relevant stakeholders will debate the law’s renewal and what changes, if any, should be made. A priority in the discussion should be whistleblower protection for individuals who disclose antitrust violations to the Department of Justice. Three protective features are appropriate. First, anti-retaliation protection for whistleblowers s