Leniency will be granted to an organization that reports its participation in illegal activity but does not meet the criteria for Type A Corporate Leniency if:

1. 1. At the time the applicant reports the illegal activity, the Antitrust Division does not yet have evidence against the applicant that, in the Antitrust Division’s sole discretion, is likely to result in a sustainable conviction against the applicant;
2. 2. The applicant, upon its discovery of the illegal activity, promptly reports it to the Antitrust Division;
3. 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;
4. 4. The applicant provides timely, truthful, continuing, and complete cooperation that advances the Antitrust Division’s investigation;
5. 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;
6. 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; and
7. 7. The applicant is the first to qualify for leniency for the illegal activity reported and the Antitrust Division determines that granting leniency to the applicant would not be unfair to others.

In evaluating whether granting leniency to the applicant would be unfair to others, the Antitrust Division will consider the nature of the illegal activity, the applicant’s role in it, the applicant’s criminal history, and the timing of the leniency application.

The Antitrust Division will consider including non-prosecution protection for current directors, officers, and employees of a Type B corporate leniency applicant, for the illegal activity. Such protection is not guaranteed and is at the Antitrust Division’s sole discretion. Individuals seeking non-prosecution protection as part of a Type B application must admit their wrongdoing with candor and completeness and provide timely, truthful, continuing, and complete cooperation that advances the Antitrust Division’s investigation.

[updated June 2022]