Leniency Program

Leniency Program

Leniency Program

The Antitrust Division grants conditional leniency to the first qualifying applicant reporting a cartel, requiring prompt and complete cooperation and restitution. Only one applicant per conspiracy qualifies.

ACPERA limits civil damages exposure for cooperators.

Alternative Names:

Corporate Leniency|Amnesty Program

Why it Matters?

First-in status is the entire value, since only one applicant per conspiracy receives immunity and the race creates enormous pressure to report immediately upon discovering exposure, which makes internal investigation speed decisive. ACPERA additionally limits a cooperating leniency applicant's civil exposure to single rather than treble damages and eliminates joint and several liability, which is a substantial secondary benefit.

Frequently Confused with

Related terms

Frequently asked questions

Why is speed decisive?

Why is speed decisive?

Because only one applicant per conspiracy receives immunity, which makes internal investigation speed determinative.

What civil benefit does ACPERA provide?

What civil benefit does ACPERA provide?

Limitation to single rather than treble damages and elimination of joint and several liability for cooperators.