Sentencing recommendations in antitrust cases are based on an individualized assessment under the Principles of Federal Prosecution, JM 9-27.730, and any other applicable Department policies.

In antitrust cases, sentencing recommendations that are consistent with the U.S. Sentencing Commission Guidelines for antitrust violations, U.S.S.G. § 2R1.1, generally reflect an appropriate balance of the factors in JM 9-27.730, though an individualized assessment in a particular case may lead to the conclusion that a sentence above or below the advisory guidelines range would be more appropriate. Prosecutors may make such recommendations with supervisory approval, JM 9-27.730.

An individualized assessment usually counsels in favor of incarceration for individual defendants because of the importance of general deterrence in criminal antitrust cases and because these crimes typically cause serious economic harm. The United States Sentencing Guidelines state that “in very few cases will the guidelines not require that some confinement be imposed,” U.S.S.G. § 2R.1.1 (background), and that “[i]t is the intent of the Commission that alternatives such as community confinement not be used to avoid imprisonment of antitrust offenders,” id., Application Note 5.

[updated June 2022]