The Antitrust Division considers its Leniency Policy, the Principles of Federal Prosecution, and the Principles of Federal Prosecution of Business Organizations when conducting an antitrust investigation, determining whether to bring charges, and deciding how to resolve criminal charges against an organization. JM 9-28.300. If a culpable organization declines to resolve pretrial in a form appropriate under departmental policy, the nature and seriousness of antitrust offenses typically warrant indictment, regardless of the organization’s pre-indictment conduct, e.g., voluntary disclosure, cooperation, remediation or restitution. JM 9-28.400.

[updated June 2022]