Statutory Provisions

The provisions of the federal antitrust statutes include mandatory sentencing ranges to be imposed upon a defendant convicted of an antitrust violation. For most of the offenses, which are felonies, the statutes dictate that a defendant found guilty shall be punished by a fine not exceeding $100,000,000 if a corporation. If the defendant is being charged with an antitrust violation individually for his role as an officer or director of the violating corporation, then he can be fined up to $1,000,000 or imprisoned for a term not exceeding 10 years, or both. The sentencing portion of the statute further reads that these ranges are in the discretion of the court, which means that a court could impose mere probation, a year of incarceration, or any period of time up to a maximum of ten years. This statutorily granted discretion is a hug reason why a defendant needs a skilled advocate on his behalf during the sentencing phase of a trial.

Aside from fines and incarceration, a judge may also properly order the forfeiture of any assets owned under the collusive agreement. This means that any property listed under a collusive partnership, or any profits realized from a scheme to violate the provisions of the Antitrust Act, can be confiscated and forfeited to the United States government in the discretion of the court. After looking to the statutory provisions, the next step in determining the appropriate sentence is to look at the advisory Sentencing Guidelines.