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ARTICLE · 22 APRIL 2022

DOJ Makes Giving Up Harder: Stricter Requirements For Seeking Leniency

Jones Day
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The Development: The Department of Justice Antitrust Division ("DOJ") recently updated its Leniency Program and issued a revised set of frequently asked questions ("FAQs") about the program

United StatesAntitrust/Competition Law
Julia McEvoy
Julia McEvoy
Eric Enson
Eric Enson
Ryan Thomas
Ryan Thomas
John Majoras
John Majoras
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In Short

The Development: The Department of Justice Antitrust Division ("DOJ") recently updated its Leniency Program and issued a revised set of frequently asked questions ("FAQs") about the program. The changes increase the requirements for individuals and companies seeking leniency from prosecution for their involvement in an antitrust conspiracy by requiring applicants to "promptly" self-report violations and remediate any resulting harm.

The Background: Under DOJ's Leniency Program, corporations and individuals can avoid criminal prosecution, fines, and prison by being first to confess participation in a criminal antitrust conspiracy, fully cooperating with DOJ, and meeting other specified conditions.

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