Recidivism, Multiple Offending, and Serial Offending in Antitrust

Sherman Act recidivism once was common, but both corporate and individual penalties have increased significantly, and the U.S. appears to have experienced no antitrust recidivism since the 1999 sentencing of the first foreign national to have been imprisoned for a Sherman Act offense. Sherman Act penalties under the Sentencing Guidelines are enhanced for prior Sherman Act convictions within a decade, but not merely for committing multiple offences, whether the offenses are simultaneous or in a s