Antitrust Authorities Seek Ways To Better Detect Cartels

How best to detect potential cartels – which by their nature are usually secret – is a perpetual issue for antitrust authorities. Companies coming forward to report anti-competitive behaviour through leniency programmes has historically proved particularly fruitful. But faced with a general decline in leniency applications over recent years, authorities have been considering ways to boost detection levels.

In the U.S., the Antitrust Division of the Department of Justice (DOJ) has sought to revitalise its leniency programme by revising its policy and updating guidance in the form of Frequently Asked Questions. In our alert we consider the key changes, including adjustments to the application process, the introduction of an obligation to "promptly report" illegal activity and the DOJ's approach to restitution, remediation and compliance. We also look at cooperation credit in circumstances where leniency is not available.