NCJ Number
72309
Date Published
1977
Length
47 pages
Annotation
The second part of the manual defines particular antitrust offenses and gives advice on police procedure for investigating antitrust conspiracies, price-fixing, and political corruption.
Abstract
Advantages of antitrust laws as civil statutes include the power to issue civil investigative demands, a reduced burden of proof, and higher financial penalties than in criminal law. An investigative plan for antitrust conspiracies, which combine elements of civil and criminal law, might contain the following elements: a definition of the problem and a summary of facts, various legal theories considered applicable, an outline of investigative steps, and a schedule for the actions planned. The investigative plan is neither permanent nor binding but has to be modified as required. When investigating price-fixing cases, police officers should secure the names and size of the competitors, the relationship of various commercial units in the market, the general market conditions for the particular product or service, the dates of price increases and decreases by those under investigation, and the identity of persons who have not varied their prices in conformity with the others. Cases of corruption should be investigated as follows: determination of the business or product in question; collection of data concerning bids, contracts, and purchases; collection of public information; chronological analysis of purchasing history; determination of the existence of other companies in the area handling the same product; and investigation of whether money could be 'hidden' in the contracts concerning the product or service. The suggestions are illustrated through numerous case examples.