Update May 2010: The House has passed a bill extending the program through 2015, and the Senate is considering a similar bill with bi-partisan support.
On June 19, 2009, just two days before the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) was set to expire, President Obama signed into law a provision extending for one year provisions that protect successful applicants for amnesty under the Department of Justice Antitrust Division corporate leniency program in private damages suits. The highly successful program has led to a number of high profile prosecutions of anticompetitive cartels. The core of the program provides amnesty from criminal fines and imprisonment to companies reporting cartel activity about which the enforcement authorities are not aware. An ancessary provision of the leniency program adopted in 2004 extended limited protection to private damages actions. Successful applicants would be liable only for single damages for the harm they inflicted, rather than trebled joint and several liability for all damage inflicted by the cartel. Some have argued that the protection is private suits was not necessary to encourage the reporting of anticompetitive activity, and they urged Congress to allow this aspect of the program to expire. But Congress overwhelmingly agreed to continue the provisions for one year while it continues to study the issues.