Remediation, Compliance, and Restitution Under The New Leniency Policy

In April 2022, the Antitrust Division of the U.S. Department of Justice announced revisions to its leniency policy which incentivizes voluntary self-disclosure of criminal misconduct in order to earn non-prosecution protections. In addition to giving greater context about an applicant’s obligations under the policy, the revisions require leniency applicants to promptly self-report misconduct, as well as to use best efforts to remediate the harm caused by the illegal activity before receiving a