Law360, New York (May 09, 2008, 12:00 AM ET) -- The U.S. Department of Justice Antitrust Division’s Corporate Leniency Program (“Leniency Program”) has long been instrumental in the Antitrust Division’s crusade against antitrust violators, with antitrust violators entering the Leniency Program at rates as high as two per month and resulting in the prosecution of some of the Antitrust Division’s biggest cases.[1]

Many Leniency Program applicants walk away owing no fines, facing substantially lowered civil liability, and with agreements protecting their executives from prosecution.

Their former co-conspirators, on the other hand, are left potentially facing hundreds...