DOJ Antitrust Corporate Dispositions May Protect Some Culpable Employees

In Short

The Situation: Corporate plea agreements can eventually resolve liability for most companies under investigation by the U.S. Department of Justice's Antitrust Division, but the potential prosecutions of current or former employees remain a concern.

The Result: Companies facing these investigations must negotiate leniency agreements or plea deals protecting employees from individual prosecutions.

Looking Ahead: Companies can take steps to secure nonprosecution protection for employees as part of a corporate disposition, avoiding lengthy and possibly embarrassing employee prosecutions.

Most companies under criminal investigation by the Antitrust Division, U.S. Department of Justice ("DOJ") eventually resolve their liability with the government short of going to trial, either by entering into a corporate leniency agreement or more commonly by pleading guilty to criminal antitrust charges under a corporate plea agreement. Foremost on the minds