The U.S. Senate has passed a bill that could make life more difficult for some general counsel. If enacted, the law would expand protection for third-party whistleblowers who report criminal antitrust activity to the U.S. Department of Justice.
The change means a company would have a new threat hanging over its head as it decides whether to divulge antitrust activity and apply for leniency. Under DOJ guidelines, the first company to report an antitrust conspiracy can receive immunity from criminal prosecution; but if someone else first reports, the chance for immunity goes out the window.
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