Acting Deputy Assistant Attorney General Richard A. Powers delivered remarks at the Organisation for Economic Co-operation and Development (OECD) conference in Paris, France, on June 5, 2018. A full version of the prepared remarks is available here. Mr. Powers’ comments focused on leniency programs, which have proliferated throughout the world. He reaffirmed the Antitrust Division’s commitment to its Corporate Leniency Program. He also highlighted a concern that is now a regular topic of discussion on most antitrust panels:
“Some have started to wonder whether leniency has begun to suffer from its own success. Specifically, defense counsel have asked whether the costs of seeking leniency in scores of jurisdictions, and the increasing exposure from private damages actions in multiple jurisdictions, have made the cost of seeking leniency too high. Unsurprisingly, we at the Department of Justice think the opposite is true. As worldwide exposure increases, so do the potential benefits of leniency. The benefits of seeking leniency therefore still outweigh the increasing costs.”
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