Newly Introduced Antitrust Legislation Includes Whistleblower Proposal

Senator Amy Klobuchar (D – Minn) recently introduced a new antitrust reform legislative package known as the Competition and Antitrust Law Enforcement Reform Act (“CALERA”), which provides for wide-ranging changes to U.S. antitrust laws.

Among its many provisions, CALERA includes a proposal for antitrust whistleblower reform.  First, CALERA proposes to expand whistleblower protections by extending to civil antitrust whistleblowers the same anti-retaliation protections previously granted to criminal antitrust whistleblowers under the Criminal Antitrust Anti-Retaliation Act.  Second, CALERA proposes to create a reward system for whistleblowers who provide evidence in antitrust cases resulting in the collection of criminal fines.  Under the proposed system, such whistleblowers could receive up to 30% of the total fine collected, though the final percentage diverted to a whistleblower would remain in the discretion of the Attorney General.

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