Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The credibility of the Justice Department’s Antitrust Division suffered a blow late last month in a case that has been closely watched by the antitrust bar. On Nov. 30, a federal judge in Pennsylvania dismissed an indictment against Stolt-Nielsen, an international shipping company, and rebuked prosecutors for withdrawing an earlier immunity deal. The department’s leniency program gives amnesty to antitrust violators if they come forward and cooperate in further investigations. In 2003, Stolt-Nielsen received immunity when it admitted to conspiring with competitors to fix prices and agreed to help the government probe its co-conspirators. But last year the government indicted the company anyway. Prosecutors argued in court filings that there was “overwhelming” reason to revoke the agreement, because company executives did not immediately stop their practices when their general counsel first warned them about price-fixing in 2002. J. Mark Gidley and Christopher Curran of White & Case represented Stolt-Nielsen in the case. “The reality is that people are only going to come forward and turn themselves in if they have a high degree of confidence, in fact certitude, that the amnesty will be upheld,” says Curran. Former Antitrust Division official Alison Smith of Haynes and Boone in Houston says the ruling will help clarify the issue. “I thought that DOJ risked undermining its leniency program by revoking it,” says Smith. “Here, what the court has done is held DOJ to its bargain.” The Justice Department hasn’t decided whether to appeal. “We are disappointed with the court’s decision,” says Justice spokeswoman Gina Talamona.
Attila Berry can be contacted at [email protected]. Pedro Ruz Gutierrez can be contacted at [email protected]

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.