Major DOJ Antitrust Policy Shift On Immunity For Employees

Law360, New York (January 27, 2017, 12:55 PM EST) -- Cale A. Johnson

Howard B. Iwrey

Cody D. Rockey In the last week of the Obama administration, without any fanfare, the U.S. Department of Justice’s Antitrust Division included a significant policy shift in an updated version of its “Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters.”[1] When read in conjunction with the Yates memorandum’s enhanced focus on prosecuting culpable individuals,[2] this policy change has a number of real-world implications that could affect the calculus of any corporation applying for leniency under the Antitrust Division’s corporate leniency policy.[3]

Updated FAQs Eliminate Guaranteed Immunity for Cooperating Employees of...

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