New Antitrust Policy Gives Credit To All Cooperators

On July 11, 2019, the Department of Justice (“DOJ”) Antitrust Division announced a new policy to encourage companies to invest in comprehensive and effective antitrust compliance programs. The Antitrust Division’s new policy represents a shift from its long-standing Corporate Leniency Policy, which incentivizes companies to self-report antitrust violations.

Since 1993, the DOJ has encouraged timely self-reporting to help root out antitrust violations through its all-or-nothing Leniency Policy. Companies that are first to self-report antitrust violations receive a “total pass” from the DOJ, which includes immunity from criminal charges, non-prosecution agreements for cooperating employees and reduced damages in related civil actions. Any company that self-reports thereafter is not offered any relief, with the DOJ often insisting on guilty pleas, irrespective of the effectiveness of the company’s corporate compliance program or whether the company had taken any