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Clarity, Confusion Collide in Antitrust Leniency Overhaul

Law360

25 Apr 2022

Lisa Phelan spoke to Law360 about the proposed changes meant to clarify and reinvigorate the U.S. Department of Justice Antitrust Division’s leniency program, which attorneys say may inadvertently have made participation less enticing.

According to Lisa, the new prompt-reporting requirement would expand the number of corporate officers responsible for disclosures, which “makes it more difficult for a potential corporate applicant to assess promptly whether there could be any email, text, or other document, buried deep in the millions of potentially relevant documents, that could render the company ineligible.”

Lisa noted that previously, internal investigations needed only ensure that board members and the general counsel didn’t know about the violations.

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