Economic Crime: Antitrust Offenses

Criminal antitrust enforcement led to government success in discovering cartels in the 1990s. By combining the threat of prison with a policy of increased leniency for cartelists who defect to cooperate with the government, prosecutors dramatically increased the effectiveness of antitrust enforcement policy. The Department of Justice could improve its policy still further by using jury instructions in criminal cases that guarantee that only morally culpable people can be convicted of antitrust crimes.