I. The Importance of Compliance with the Antitrust Laws
A. Significant Penalties and Fines for Corporations and Individuals.
1. The Sherman Antitrust Act provides that a violation of Section 1 (which governs agreements, e.g., conspiracies in restraint of trade) or Section 2 (which governs unilateral conduct, e.g., monopolies) is a felony.
a. Under the Sherman Act, convicted individuals may be imprisoned for up to 10 years and fined $1 million, and convicted corporations may be fined up to $100 million per offense or, for Section 1 violations, twice the amount the conspirators gained from the illegal acts or twice the money lost by the victims of the crime, if either of those amounts is over $100 million.