(b) A covered individual is protected against retaliation (as described in paragraph (a) of this section) for any lawful act done by the covered individual:
(1) To provide information, or cause information to be provided to the Federal Government or a person with supervisory authority over the individual, or any other person working for the employer who has the authority to investigate, discover, or terminate misconduct, regarding:
- (i) Any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or
- (ii) Any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation of the antitrust laws or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws; or
(2) To cause to be filed, testify in, participate in, or otherwise assist a Federal Government investigation or a Federal Government proceeding filed or about to be filed (with any knowledge of the employer) relating to:
- (i) Any violation of, or any act or omission the covered individual reasonably believes to be a violation of, the antitrust laws; or
- (ii) Any violation of, or any act or omission the covered individual reasonably believes to be a violation of, another criminal law committed in conjunction with a potential violation or in conjunction with an investigation by the Department of Justice of a potential violation of the antitrust laws.
- (3) The term violation with respect to the antitrust laws shall not be construed to include a civil violation of any law that is not also a criminal violation.
(4) Paragraphs (b)(1) and (2) of this section shall not apply to any covered individual if the covered individual:
- (i) Planned and initiated a violation or attempted violation of the antitrust laws;
- (ii) Planned and initiated a violation or attempted violation of another criminal law in conjunction with a violation or attempted violation of the antitrust laws; or
- (iii) Planned and initiated an obstruction or attempted obstruction of an investigation by the Department of Justice of a violation of the antitrust laws.