DOJ Policy Updates Signal Continuity of Antitrust Program -

The US Department of Justice (DOJ) Antitrust Division has revised its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters” (FAQs). This guidance was originally released in November 2008. The FAQs contain 34 questions and answers that include: applying for leniency; the criteria for receiving leniency under the Corporate Leniency Policy and the Leniency Policy for Individuals; conditional and final unconditional leniency letters; potential revocation of conditional leniency; and confidentiality for applicants.

Updates to FAQs -

The revisions were released on January 17, and again on January 26 to correct an omitted footnote in the first release. Since the revisions come in the midst of the presidential transition, including after the new administration took office, one may assume that the FAQs had the approval from new leadership. As a first signal, the message is largely one of continuity. Though some report that the changes indicate the Division will take a narrower approach in granting immunity, this is not necessarily the case. The Division points out in its short announcement that “[m]any questions—and answers—remain unchanged from before,” and that some have been “clarified” in response to 10 years of Division practice since the FAQs were first released.