The U.S. Justice Department’s recent change to its antitrust leniency policy is shaking up the calculus for companies and their counsel in determining whether to report potential criminal cartel activity to the government.
The Justice Department’s antitrust division recently revamped a policy allowing the first individual or company that voluntarily reports its involvement in a cartel to escape prosecution if they cooperate with the government. The policy is a significant aspect of DOJ’s criminal antitrust enforcement regime, incentivizing a “race to the government” to report possible crimes.
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