Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Wednesday, September 5, 2012

What Goes Up, Doesn’t Come Down: The Absence of the Mitigating-Role Adjustment in Antitrust Sentencing

Posted by D. Daniel Sokol

Mark Rosman and Jeff VanHooreweghe (Wilson Sonsini) discuss What Goes Up, Doesn’t Come Down: The Absence of the Mitigating-Role Adjustment in Antitrust Sentencing.

ABSTRACT: The Sentencing Guidelines permit an upward or downward adjustment to a sentencing calculation based on the extent of the defendant’s participation in the criminal act. Mark Rosman and Jeff VanHooreweghe argue that the Antitrust Division’s non-use of the mitigating-role adjustment is bad policy with unfair results for defendants.

http://lawprofessors.typepad.com/antitrustprof_blog/2012/09/what-goes-up-doesnt-come-down-the-absence-of-the-mitigating-role-adjustment-in-antitrust-sentencing.html

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