Leniency Policy

Since the early 1990s, the Antitrust Division has provided significant, predictable, and transparent incentives for corporations to make voluntary self-disclosures and cooperate in criminal antitrust investigations in exchange for non-prosecution protections for the corporate entity and its cooperating personnel. The Antitrust Division’s Corporate Leniency Policy has assisted the Antitrust Division in uncovering international and domestic cartels, resulting in successful prosecutions of co-conspirator companies and executives and recovering billions of dollars in criminal fines and restitution to victims of antitrust crime. The Corporate Leniency Policy is specifically tailored to price-fixing, bid-rigging, and market allocation crimes in violation of 15 U.S.C. § 1, and therefore includes requirements and benefits distinct from other voluntary self-disclosure policies subsequently developed and implemented across the Justice Department. Individuals are also eligible for non-prosecution protection under the Individual Leniency Policy if they self-disclose their participation in an antitrust cartel and meet the policy’s requirements.

Leniency Policy

Antitrust Division Leniency Policy and Procedures (included in DOJ Justice Manual, Criminal Antitrust Enforcement) (April 4, 2022)

FAQs

Frequently Asked Questions About the Antitrust Division’s Leniency Program (January 3, 2023)

Model Leniency Letters

Model Corporate Conditional Leniency Letter (April 4, 2022)

Model Dual Investigations Conditional Leniency Letter (used when the corporate leniency applicant is a subject, target, or defendant in another Antitrust Division investigation) (April 4, 2022)

Model Dual Investigations Acknowledgement Form (April 4, 2022)

Model Individual Conditional Leniency Letter (April 4, 2022)

Archived Content

The Antitrust Division will review leniency applications under the version of the policy and model conditional letter in effect at the time the applicant received a marker.

Leniency Policy (August 10, 1993)

Frequently Asked Questions About the Antitrust Division's Leniency Program and Model Leniency Letters (January 26, 2017)

Model Corporate Conditional Leniency Letter (November 20, 2018)

Model Individual Conditional Leniency Letter (November 20, 2018)

Model Dual Investigations Conditional Leniency Letter (used when the corporate leniency applicant is a subject, target, or defendant in another Antitrust Division investigation) (July 24, 2019)

Model Dual Investigations Acknowledgement Letter for Employees (November 19, 2008)