The Challenges Facing the Antitrust Leniency Program and the Yates Memorandum
The Justice Department’s Antitrust Division has a long history of independence within the US Department of Justice. Antitrust enforcement was considered a unique area requiring a specialized understanding of markets and economics. In the civil enforcement area, this expertise and understanding of economics, competition and business makes sense. As a former prosecutor, the Antitrust Division’s prosecution of criminal violations is not so unique. Antitrust prosecutors...