Antitrust Division Updates: Enhancing Accessibility

In April of this year, the Antitrust Division announced changes to its Corporate Leniency Policy as well as updates to that policy’s FAQs. The changes to the policy were the first to be made since its inception in 1993. The new FAQs update the FAQs previously issued in 2017 and include a number of FAQs addressing issues not previously discussed. A key goal of the changes was to enhance accessibility to the policy and FAQs for everyone, including members of the public, to ensure equal access to justice. To further this goal, the Leniency Policy and other important information concerning the Division’s criminal practice were clearly and accurately reflected in writing, discussed in plain English, and added to the Department’s Justice Manual, which is readily available on the internet. Key updates which are discussed include changes to both Type A and Type B of the policy with respect to reporting the illegal conduct, ensuring that any harm is remediated, and improving the company’s compliance program. Changes to the way coverage of individuals is assessed under Type A and B is also discussed. Other topics include: coverage of individuals with respect to corporate resolutions, pre-indictment meetings, and sentencing.  

By Marvin Price & Emma Burnham^[1]

Corporate crime is an age-old problem — and one that antitrust law was expressly designed to address. As long ago as 1776, Adam Smith observed that conversations among people in the same trade ofte