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Congress Passes Whistleblower Protections for Antitrust Division s Leniency Program | Akin Gump Strauss Hauer & Feld LLP

[co-author: Taylor Daly] On Tuesday, December 8, the House of Representatives passed S. 2258, the Criminal Antitrust Anti-Retaliation Act, by voice vote, sending the bill to President Donald Trump’s desk. The measure, which unanimously passed the Senate in October 2019, aims to protect whistleblowers who report unlawful anticompetitive activities. While the Senate unanimously passed similar versions of the legislation in 2013, 2015 and 2017, the measure previously failed to pass the House. The U.S. Department of Justice (DOJ) Antitrust Division has well-established corporate and individual leniency programs for those involved in criminal antitrust conduct. A corporation or individual that is the first to report a criminal antitrust conspiracy has the opportunity to receive full immunity for the reported antitrust conspiracy. The corporate leniency policy, in its present form since 1993, extends immunity to all current employees that cooperate with the Antitrust Division’s inves

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