Does the grant of conditional leniency always cover activity up until the date of the conditional leniency letter?
The grant of conditional leniency usually protects the applicant for any activity committed in connection with a criminal antitrust violation prior to the date of the conditional leniency letter. This is because, in the vast majority of cases, leniency applicants approach the Division promptly after discovery of the anticompetitive activity in order to enhance the likelihood that they are the first applicant and that a co-conspirator or an employee does not beat them in the race to obtain leniency. In such cases, paragraph #3 of the Division’s model corporate conditional leniency letter provides that “[T]he Antitrust Division agrees not to bring any criminal prosecution against Applicant for any act or offense it may have committed prior to the date of this letter in connection with the anticompetitive activity being reported.” In rare cases in which there is a significant lapse in time between the date the applicant discovered the anticompetitive activity being reported and the date t
Related Questions
- If a corporate conditional leniency letter is revoked, what will happen to the protection provided in the letter for the corporations directors, officers, and employees?
- How is "current director, officer, or employee" defined for purposes of the cooperation obligations and leniency protection of the corporate conditional leniency letter?
- What is the conditional leniency letter, and why is it conditional?
