When can an applicant or its employees judicially challenge a Division decision to revoke conditional leniency?
Paragraph #3 of the model corporate and individual conditional leniency letters states that the applicant “understands that the Antitrust Division’s Leniency Program is an exercise of the Division’s prosecutorial discretion, and [it/he/she] agrees that [it/he/she] may not, and will not, seek judicial review of any Division decision to revoke [its/his/her] conditional leniency unless and until [it/he/she] has been charged by indictment or information for engaging in the anticompetitive activity being reported.” Paragraph #4 of the model corporate conditional leniency letter also notes that “[j]udicial review of any Antitrust Division decision to revoke [an individual’s] conditional non-prosecution protection granted [under the corporate conditional leniency letter] is not available unless and until the individual has been charged by indictment or information.” The Division’s leniency program is an exercise of prosecutorial discretion generally not subject to judicial review. Accordingly
Related Questions
- Can an applicants former directors, officers, and employees be included in the scope of the conditional leniency letter?
- How did the applicants proposed streams and wetlands mitigation plan factor into the Division Engineers decision?
- What are the conditions for leniency protection for the applicants directors, officers, and employees?
