Previous business/academic article Next business/academic article
Business Articles Awards > Concerted Practices

Skadden Discusses DOJ Leniency Program Updates

Warren Feldman et al., CLS Blue Sky Blog, March 6, 2017

See Steven C. Sunshine's resume See Tiffany Rider's resume See Warren Feldman's resume See David Meister's resume

Vote for this articleHelp

* Average
** Interesting
*** Good
**** Excellent
***** Must receive an Award!

Please note that the star(s) appearing on the article page before you have voted reflect the status of all votes registered to date.

Readers’ vote will close on February 9, 2018. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 10, 2018.

Click here to read the full article online

The Department of Justice released updated guidance on the Antitrust Division’s Leniency Program, on January 17, 2017. The Leniency Program allows corporations and individuals who self-report their cartel activity and cooperate in the Antitrust Division’s investigation of the cartel to avoid criminal conviction, fines and prison sentences. The program has become an important tool for the Division in its investigation and prosecution of criminal cartel activity. In 2008, the Division issued “Frequently Asked Questions Regarding the Antitrust Division’s Leniency Program and Model Leniency Letters” to provide guidance to individuals and corporations seeking to utilize the program. In one of the last acts of the outgoing Obama Administration, the DOJ revised the Frequently Asked Questions to provide greater clarity to potential participants and bring the guidance in line with the DOJ’s current practices. This alert addresses several major changes. The changes in the new FAQs reflect the fact that there is no longer the same degree of predictability of a favorable outcome for a putative corporate leniency applicant and its present and former employees.

Download our brochure