Clifford Chance

DOJ Antitrust Division Updates Leniency Policy

May 23, 2022

In April 2022, the U.S. Department of Justice, Antitrust Division (the "Division") announced significant updates to its Leniency Policy, which provides full criminal immunity and the opportunity for reduced civil damages to the first company (or individual) to self-report their role in a criminal antitrust violation and cooperate in the Division's prosecution of other conspirators. The Division's updates to the Leniency Policy come at a time when some believed that the leniency program was falling out of favor, given the substantial burdens and uncertainties it presents to would-be applicants. The updates may only create more disincentives, however, for companies and individuals considering whether to seek leniency.

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