Antitrust Laws Amended

Kelley Drye has prepared a client advisory which describes four important new changes in the antitrust laws: (1) codifying the rule of reason as the basis to evaluate activities of standards development organizations, and eliminating the threat of treble damages if the organization files with DOJ and FTC; (2) increasing maximum antitrust fines and jail terms; (3) limiting civil damages in private antitrust cases for participants in the DOJ leniency program who cooperate with civil plaintiffs; and (4) amending the Tunney Act to emphasize the nature of the Court’s duty to determine whether a settlement is in the public interest.