Comparison of Anticartel Penalties in Select Jurisdictions | |
Country | What Is The Maximum Fine For Corporations? | What Products Included In Calculating Fine? | What Markets Included In Calculating Fine? | For What Time Period? | Individual Liability Imposed? What Is The Maximum Penalty? | Amnesty or Leniency Policy? |
US
| The largest of: (1) USD $10 million; (2) twice the gross gain derived by the cartel members from the crime; or (3) twice the gross loss suffered by the crime victims | Limited to sales of products/services affected by violation (the "volume of affected commerce") | U.S. commerce only, unless this grossly understates seriousness of firm's role in offense, then worldwide sales | Duration of the cartel | Yes. 3 yrs imprisonment and a fine the greatest of: (1) USD $350,000; (2) twice gross gain derived by the cartel members from the crime; or (3) twice the gross loss suffered by the crime victims | Yes |
Canada | (1) Conspiracy (price fixing, market share, customer allocation) not to exceed CAD $10 million (2) Bidrigging fine in discretion of the court | Limited to sales of products/services affected by violation | Canadian commerce only, unless this grossly understates seriousness of firm's role in offense, then worldwide sales | Duration of the cartel | Yes. Conspiracy and bidrigging (1) same fines as for corporations, or (2) imprisonment for a term not exceeding 5 yrs., or (3) both | Yes |
EU | 10% of turnover for the company | "Turnover" means total sales of the company | Worldwide commerce | One preceding year | No | Yes |
France | 5% of turnover for the company, up to maximum of FF 10 million | "Turnover" means total sales of the company | French commerce only | One preceding year | Yes. 4 yrs imprisonment and a fine of FF 500,000 | No |
Germany | DM 1 million, plus up to 3 times the additional receipts | Limited to sales of products/services affected by violation | German commerce only | Duration of the cartel | Yes. DM 1 million, plus up to 3 times the additional receipts | No |
Japan | Admin. Surcharge: 6% of the affected sales (3% for small companies) | Admin: Limited to sales of products/services affected by violation | Admin: Japanese commerce only | Admin: Duration of cartel, up to max. of 3 yrs. | Administrative: No. | No |
Criminal Fine: ¥100 million | Crim: No sentencing guidelines | Crim: No sentencing guidelines | Crim: Duration of Cartel | Criminal: Yes. 3 years imprisonment and ¥5 million |
UK [draft] to take effect 3/00] | 10% of turnover for the company, up to maximum of 3 yrs. | "Turnover" means total sales of the company | UK commerce only | Duration of cartel, up to max. of 3 yrs. | No | [Yes, as drafted] |
Prepared by ICPAC staff (November 1999) based on "International Fines in Cartel Enforcement Matters - Comparison Table" prepared by U.S. Dept. of Justice, Antitrust Division, Office of Criminal Enforcement (Sept. 30, 1999).