United States
Answer ... The Antitrust Division of the Department of Justice (DOJ) cartel investigations carry significant exposure in terms of potential liability and reputational damage. Companies under investigation are well advised to move quickly in engaging with the DOJ and conducting an internal investigation to assess the nature of the conduct and its legal implications. Companies should also explore leniency opportunities from the outset and act quickly if leniency is available. The race for amnesty can be won or lost by a matter of minutes, and the potential benefits of successful leniency are significant. Companies should also be thoughtful in selecting counsel, ensuring that they retain counsel experienced in DOJ cartel investigations and with credibility in front of the agency.