For DOJ, Tougher Enforcement Also Brings Lack of Predictability

The Department of Justice (DOJ) announced changes to its leniency program on April 4 that may translate into a tougher stance on enforcement.

However, Heather Nyong’o, partner at Cleary Gottlieb Steen & Hamilton, told PYMNTS that this new approach will affect the predictability for companies that may be considering applying for leniency.

Under the Corporate Leniency Policy, the antitrust division provides complete immunity from criminal prosecution and fines to the first company that reports a criminal antitrust violation and fully cooperates with the investigation. Most of the time, this leniency is also extended to the company’s current officers, directors and employees. But usually, only one company — the first to report it — can obtain leniency, thus leading to a race to be the first.

Read the full article regarding this interview HERE.

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