This summarizes antitrust/cartel essentials from a practical standpoint. In the U.S
This summarizes antitrust/cartel essentials from a practical standpoint. In the U.S., criminal enforcement is led by the DOJ; under the Sherman Act, corporations face a basic cap of $100 million and individuals $1 million and up to 10 years’ imprisonment. The Alternative Fines Act can raise penalties up to twice the illicit gain or loss, so exposure can escalate sharply. In India, the CCI imposes fines generally up to 10% of average turnover for the past three years; for cartels, the higher of “three times each year’s profits” or “10% of turnover” applies. In Japan, the JFTC’s surcharges (related turnover × rate) are central, with aggravation for leadership, recidivism, or breadth. A common mitigation lever is leniency: first-in applicants may obtain criminal immunity or full surcharge reduction. Prevention hinges on strict limits to information sharing: prohibit exchanges about prices, bids, customer/market allocation, output, or forward strategies; keep trade meetings to pre-set agendas, manage participants and timing, and record any departure or refusal to discuss off-limit topics. Benchmarks should be sufficiently aggregated/anonymous and preferably via a third party. Upon red flags, preserve evidence → engage external counsel → swiftly assess the race for first-in leniency. For dawn raids, train on reception protocols, IT isolation, designated escorts, and rapid scoping of cooperation. Embed annual training and documentation, require pre-approval for competitor contacts, and maintain clear internal reporting channels—turning “prevention by design” into the best defense.
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