DOJ UPDATES ITS ANTITRUST LENIENCY POLICY
May 26, 2022
On April 4, 2022, the Antitrust Division of DOJ issued a press release announcing changes to its Leniency Policy for the reporting of criminal violations and involvement with antitrust cartels and issued a revised set of frequently asked questions (FAQs), available here.
As background, the Antitrust Division Leniency Policy allows a company or corporate officer to avoid criminal prosecution if the company is the first to self-report its involvement in an antitrust cartel, does so promptly after discovery of the misconduct, and cooperates with the government in its investigation and prosecution of the offenses. The updated leniency policy adds the element of “promptness” to its list of established requirements including restitution to victims, and the remediation of the harm caused to persons and property. Promptness is not defined in the policy but is assessed by DOJ by weighing the circumstances of the offenses with the size and scope of the company. Specifically, the determination of whether a company has acted promptly is left entirely to the discretion of DOJ’s Antitrust Division. A company is also required to strengthen its compliance program to significantly reduce or eliminate future involvement in criminal antitrust activity. It is also important to note that any company applying for leniency is tacitly admitting that it believes it has committed a crime or been involved in a criminal enterprise.
As part of the update, DOJ has established a dedicated email address for companies seeking leniency under this program. (antitrust.leniency@usdoj.gov).
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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