A Race Against the Clock, Ethically Run: Conducting Witness Interviews in the Shadow of the DOJ’s Leniency Program

Overview


Mary Strimel and Ashley McMahon authored this paper on the DOJ Antitrust Division leniency program, which gives immunity from prosecution only to the first company admitting cartel participation. Because some executives “may stand to win if the company obtains a valid leniency marker [while] other executives may lose their freedom if their employer comes in second in the leniency race,” the authors wrote, counsel must carefully handle the ethical issues involved.