United States Department of Justice (DOJ) Revises Answers to Frequently Asked Questions (“FAQ”) about Antitrust Division’s Leniency Program, which is used for interpretation / guidance purposes for practitioners. The DOJ Leniency Program provides for corporations and individuals the opportunity to self-report and co-operate in the DOJ’s investigations in order to avoid criminal sanctions, and prison sentences.

Any company doing business in the US should be familiar with the Leniency Program, the 2017 FAQs, and Division practice.

The new 2017 FAQ provide for an extension beyond Anti-trust division’s binding rules, as the 2017 guidelines, apply (also) “for an activity committed in connection with a criminal anti-trust violation” committed by an individual. Anti-trust pursuance according to 2017 guidelines (i.e. FAQ) are “not only for a criminal antitrust violation, but also for other offenses committed in connection with the anti-trust violations”, i.e. for acts of offenses integral to the violation.

However, leniency applicants may not use the Leniency Program to avoid accountability for non anti-trust crimes. The 2017 changes may cause corporations and individuals to make different decisions than they might have before the revisions.