Wednesday, March 30, 2005
Yesterday's Supreme Court's decision that allowed whistleblowers a claim under Title IX made me think about the status of antitrust whistleblowing. Currently, antitrust law does not give a discharged employee a claim for whistleblowing, denying the claim on standing grounds (under the test in Associated General Contractors). To the extent that whistleblowing is protected at all, it is through leniency programs in sentencing and punishment for co-conspirators that inform on a cartel. For those interested in an economic analysis of whistleblowing (and references to the legal and economic literature), this recent working paper provides some fun reading.