federal antitrust law

In federal antitrust law, a “marker” will be provided a. to the first person who is willing to cooperate with the federal government in presenting sufficient evidence of federal antitrust violations regardless of whether such person is an antitrust cartel member or not.b. to all members of the same antitrust cartel who are willing to cooperate with the federal government in presenting sufficient evidence of federal antitrust violations. provided they are in compliance with the Federal Sentencing Guidelines.c. to all members of the same antitrust cartel who are willing to cooperate with the federal government in presenting sufficient evidence of federal antitrust violations.d. to the first antitrust cartel member who is willing to cooperate with the federal government in presenting sufficient evidence of federal antitrust violations as long as this agreement is provided in an order signed by a federal district judge.e. None of the other choices are correct.I’m thinking A or D?My text says: “When the first cartel member applies for the leniency program, the cartel member may not have all the evidence necessary to prove the offense.[i] This is why the Division will grant a “marker” to the cartel member. The “marker” will be granted to the cartel member who is first to present sufficient information that a per se antitrust cartel exists.[ii] In the Division’s experience, some cases involved the first cartel member receiving the “marker” just hours before the second cartel member came to the Division.[iii] Time is of the essence, and the ability to present such information as soon as possible depends upon an effective antitrust audit program designed to prevent and detect antitrust activity either upon its occurrence or soon thereafter.”

 

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