The US DoJ Antitrust Division adopts revised leniency program to restricts corporate options in responding to cartel allegations

In direct response to the Department of Justice Antitrust Division’s loss in the controversial Stolt-Nielsen criminal antitrust case, the Antitrust Division revised its leniency policy. The Division has prepared revised Model Leniency Letters and issued an explanatory document entitled Frequently Asked Questions Regarding the Antitrust Division’s Leniency Program (the “FAQ”) [1]. Most notably, the revisions require leniency program applicants to contractually agree that they will not seek pre-indictment judicial review of Antitrust Division decisions to revoke conditional leniency agreements. While Scott Hammond, the Deputy Assistant Attorney General for Criminal Enforcement, recently described this revision in a recent article as “simply reflect[ing] well established caselaw” [2], it is

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Authors

  • Miller & Chevalier
  • Paul Hastings (Washington)
  • Adam J Schwartz, Attorney At Law (Los Angeles)

Quotation

Kirby Behre, Jeremy Evans, Adam Schwartz, The US DoJ Antitrust Division adopts revised leniency program to restricts corporate options in responding to cartel allegations, 19 November 2008, e-Competitions Bulletin November 2008, Art. N° 74787

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