Last Friday, Bill Baer, Assistant Attorney General for the Department of Justice’s Antitrust Division, announced that the Division will no longer publicly name the executives excluded from immunity granted in corporate cartel plea agreements, nor will it carve out individuals for reasons unrelated to culpability. Going forward, the Division will ask the court to seal the names of carved-out individuals in an appendix that will generally not be publicly available. These changes infuse much needed principles of fairness and justice into cartel plea agreements.

What’s Notable -

- Carve-out policy only applies to culpable executives who participated in illegal cartel behavior and not merely uncooperative individuals.