When You Lose the Race to Corporate Leniency

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Law360, New York (March 15, 2013, 12:51 PM ET) ‐‐ In recent years, the Antitrust Division of the U.S. Department of Justice has successfully incentivized cartelists to come forward and provide cooperation in criminal antitrust investigations through its Corporate Leniency Program. To be eligible for leniency under the program, a corporation must be the first entity to provide the DOJ with valuable information regarding an alleged antitrust conspiracy. However, in the wake of recent criminal investigations in the financial services industry, alternative arrangements have emerged for dilatory cartelists who wish to cooperate with the DOJ but have missed the opportunity for corporate leniency.

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