Senators propose antitrust whistleblower protections
Effects of program may be limited absent a financial incentive
September 23, 2012 at 08:00 PM
6 minute read
Martin McNulty was a top salesman in the packaged-ice industry. In late 2004, McNulty alleges, he learned that his employer, Arctic Glacier International Inc., had an agreement with competitors not to compete for certain customers, allowing them to keep their prices up. McNulty alleges that when he refused to participate in the scheme, the company fired him. Later, he says, Arctic Glacier offered him more than twice his previous salary to return to work, participate in the conspiracy and not cooperate with authorities. McNulty refused and went on to aid in an FBI investigation. In 2010, Arctic Glacier and three of its executives pleaded guilty to violating the Sherman Act. The company agreed to pay a $9 million criminal fine.
But after 14 years as a packaged-ice salesman, McNulty says he was blackballed from the industry. Unable to find work, he lost his home.
McNulty's lawyer, Daniel Low of Kotchen & Low, says when his firm began looking into potential relief for McNulty, Low realized there was no anti-retaliation protection for antitrust whistleblowers.
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