DOJ adds speed and remediation to leniency program

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By Bryan Koenig (April 4, 2022, 9:25 p.m. EDT) — Companies that disclose anti-competitive behavior in hopes of avoiding criminal prosecution and reduced fines must now report violations “promptly” and attempt to remedy the harm they have caused, the US Department of Justice announced on Monday as part of significant changes to its clemency program.

DOJ Antitrust Division Chief Jonathan Kanter announced the changes as the leniency program, often described as the centerpiece of the department’s efforts against price-fixing and other cartels, continues to evolve.

“Corporate boards and executives, and the lawyers who advise them, need to understand that sitting idly by after detecting an antitrust crime will have real ramifications – losing leniency…

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