Compliance And The Antitrust Division’s Leniency Program

The DOJ Antitrust Division’s leniency program provides benefits to companies that self-report a violation, or a possible violation, of antitrust laws: No criminal fines, no jail time for executives who own up and cooperate, and under some circumstances no treble damages in follow-on class actions. But negotiating the details of this program can be a challenge. One key provision is that only one corporation per conspiracy – the first to report – can get immunity, although parties that report second or later can get some benefits. A Today’s General Counsel column by Jeffery Cross outlines the essential elements of this DOJ program.