The Antitrust Division’s Implementation of the Department of Justice’s Safe Harbor Declination Policy – ​​A Policy in Search of the Fact Pattern | WilmerHale

The Antitrust Division of the Department of Justice has quietly implemented changes to its Mitigation Policy and Procedures (the “Mitigation Policy”) that could impact companies that acquire businesses or are found to have committed criminal violations of the antitrust laws. Although the updated Mitigation Policy was posted on the Antitrust Division’s Mitigation Program website in early March and corresponding changes were made to the Department of Justice (“DOJ”) Justice Manual in the section on Voluntary Self-Disclosures, the Antitrust Division has not announced this change or issued guidance related to the changes.