Antitrust Division’s Implementation of the Department of Justice’s Safe Harbor Declination Policy - A Policy in Search of a Fact Pattern

The Antitrust Division of the Department of Justice quietly made a change to its Leniency Policy and Procedures (the “Leniency Policy”) that could impact companies acquiring businesses or companies that they discover may have engaged in criminal antitrust violations. Although the updated Leniency Policy was posted to the Antitrust Division’s Leniency Program webpage in early March, and corresponding changes have been made to the Department of Justice (“DOJ”) Justice Manual Section on Voluntary Self-Disclosures, the Antitrust Division has not announced the change and has not issued guidance related to the changes.