The Antitrust Division’s new policy gives credit for pre-existing compliance programs, but only those that meet certain high standards.

On July 11, 2019, Assistant Attorney General Makan Delrahim announced that the US Department of Justice’s (DOJ’s) Antitrust Division will consider offering Deferred Prosecution Agreements (DPAs) and reduced fines in criminal antitrust investigations to corporations with robust pre-existing compliance programs. This change signifies a major departure from the Antitrust Division’s previous winner-take-all treatment of cartel participants who are first in the race to self-report under the Division’s Corporate Leniency Policy.