Federal Anti-Retaliation Protections Extended to Criminal Antitrust Whistleblowers

The Criminal Anti-Retaliation Act of 2019 (the “Act”) prohibits employers from taking adverse actions in retaliation against individuals who report criminal antitrust violations to their employers or the federal government, and also protects individuals who participate in a federal investigation or proceeding related to criminal antitrust violations. Adverse actions include things like discharging, demoting, firing, harassing, or otherwise discriminating against individuals covered by the Act.

The Act applies to employees, contractors, subcontractors, or agents of an employer. Criminal antitrust violations include violations of Section 1 or 3 of the Sherman Antitrust Act. Notably, an actual criminal prosecution is not required to trigger the anti-retaliation protections so long as the information contained in the whistleblower’s report would be a crime if the report were accurate, and the whistleblower reasonably believes the report involves a covered violation.

Individuals who successfully claim a violation of the Act may receive job reinstatement, back pay with interest, and special damages including reasonable attorney fees.

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