Pass the Criminal Antitrust Anti-Retaliation Act

Tell your Senator to pass the Criminal Antitrust Anti-Retaliation Act. This bill will protect employees who report criminal violations of antitrust laws, internally or to the Federal Government, from retaliation.

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Please write your Senators and urge that they pass Criminal Antitrust Anti-Retaliation Act On June 17, 2015, Senate Judiciary Committee Chairman Chuck Grassley and Ranking Member Patrick Leahy introduced legislation to extend whistleblower protection for employees who provide information to the Department of Justice related to criminal antitrust violations. The Criminal Antitrust Anti-Retaliation Act of 2015 will create for the first time whistleblower protections for employees who report antitrust violations.

Senator Patrick Leahy and Senator Charles Grassley introduced this bipartisan bill, which provides the following protections and remedies:

  1. Protects employees who report violations of antitrust laws to internally or to the Federal Government from retaliation;
  2. Allows employees to file a whistleblower retaliation claim with the Department of Labor and also grants de novo review and a jury trial in Federal Court;
  3. Provides employees who suffer retaliation to receive reinstatement, back pay, special damages, attorneys fees and costs.

This bill is a major step forward in plugging a loophole in the patchwork of whistleblower protection that currently exists. Employees who feel their companies are participating in unfair practices will, for the first time, be protected from retaliation when testifying or providing information to investigators.

Numerous studies have shown that employees are the first defense to prevent fraud. Investigators rely heavily on insiders to protect the public interest and prevent illegal competitive practices. This Act will also help ensure small businesses, start up companies and inventors are not abused through the unfair competitive practices of large companies.

The legislation is based on recommendations from a Government Accountability Office report released in July 2011. The bill allows an employee who believes he or she is the victim of retaliation to file a complaint with the Secretary of Labor, and provides for that employee to be reinstated to their former status if the Secretary finds in their favor. Senators Grassley and Leahy authored similar whistleblower statutes as part of the Sarbanes-Oxley Act in 2002.

We hope the Senate will approve this bill.

Very truly yours, 

Stephen M. Kohn
Executive Director 

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