Each participant is liable for the entire overcharge caused by the conspiracy, trebled, regardless of its individual share of sales. No right of contribution exists among conspirators.
ACPERA limits leniency applicants.
Alternative Names:
Joint and Several Liability (Antitrust)|Cartel Joint Liability
Why it Matters?
A small participant faces the same full exposure as the largest conspirator, which creates disproportionate risk for minor players and drives them toward early settlement, and defendants with modest sales should recognize that their share of the market does not limit their liability. The absence of contribution means settlement order determines who absorbs the remainder, making sequencing a primary strategic consideration.
Frequently Confused with
Related terms
Frequently asked questions
Does market share limit exposure?
What does the absence of contribution mean?
