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DOJ Antitrust Division Answers Questions Under Leniency Program
It would be hard to argue with the success of the revised Leniency Program that the Department of Justice Antitrust Division (“Division”) introduced 15 years ago. The program (sometimes referred to as the Amnesty Program) has brought in record fines from corporate defendants, increasing the number and length of jail terms for individuals, and provided free passes for those fortunate enough to qualify.
The Division recently issued an interesting policy paper that clarifies its position on certain issues under the program, which positions previously may have been known only to those who practice regularly in the field of criminal antitrust. The paper, titled “Frequently Asked Questions Regarding the Antitrust Division's Leniency Program and Model Leniency Letter” (“Paper”), was authored by Scott Hammond, Deputy Assistant Attorney General (“DAAG”) for Criminal Enforcement, and Belinda Barnett, Senior Counsel in the Division. In the form of answers to 33 questions, the Paper also restates the Division's position on various points regarding the program, and attaches copies of revised individual and corporate model leniency letters used by the Division. Copies are available on the Division's Web site. Mr. Hammond subsequently published an article on the Web site of the Cartel and Criminal Practice Committee of the ABA Section of Antitrust Law, which summarizes the 22-page Paper. The Paper states that “it is meant to be a comprehensive and updated resource” and will be periodically updated with input from the private bar and business community.
Following are the points most likely to be of interest to corporate counsel:
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