Leniency will be granted to an organization that reports its participation in illegal activity before the Antitrust Division has begun an investigation if:

1. 1. At the time the applicant reports the illegal activity, the Antitrust Division has not received information about the illegal activity from any other source;

1. 2. The applicant, upon its discovery of the illegal activity, promptly reports it to the Antitrust Division;

1. 3. The applicant reports its participation in the illegal activity with candor and completeness and makes a confession of wrongdoing that is truly a corporate act, as opposed to isolated confessions of directors, officers, and employees;
2. 4. The applicant provides timely, truthful, continuing, and complete cooperation to the Antitrust Division throughout its investigation;
3. 5. The applicant uses best efforts to make restitution to injured parties, to remediate the harm caused by the illegal activity, and to improve its compliance program to mitigate the risk of engaging in future illegal activity; and
4. 6. The applicant did not coerce another party to participate in the illegal activity and clearly was not the leader or originator of that activity.

If Type A leniency is granted, the applicant’s current directors, officers, and employees will not be charged criminally for the illegal activity if they provide timely, truthful, continuing, and complete cooperation to the Division throughout its investigation of the illegal activity.

[updated June 2022]