Justice Manual § 7-3.340

Step One: Leniency Marker

A “marker” is the confirmation the Division gives a leniency applicant to hold its place in line. While one applicant has a marker, no other applicant can obtain a marker for the same conspiracy.

Markers must be requested using the contact information available at: https://www.justice.gov/atr/leniency-program

To obtain a marker, an applicant must: (1) report that they have uncovered some information or evidence indicating that the applicant has engaged in a criminal antitrust violation and disclose the general nature of the conduct discovered; (2) identify the industry, product, or service involved in terms that are specific enough to allow the Antitrust Division to determine whether leniency is still available and to protect the marker for the applicant; and (3) identify the client.

If the Antitrust Division determines a marker is available and the applicant qualifies for one, it will inform the applicant. While the applicant holds the marker, the Antitrust Division and the applicant will take steps to confirm that the applicant meets the Leniency Policy’s requirements.

A marker is deemed “perfected” when the leniency applicant has provided sufficient information to move from the marker stage to the conditional leniency letter stage.

Step Two: Conditional Leniency Letter

The second stage is the conditional leniency letter. This is the initial, conditional grant of leniency to the applicant. An applicant will remain in this stage until it has demonstrated that it can meet the criteria to qualify for leniency, including through providing evidence of the self-disclosed violation.

The Antitrust Division’s model corporate and individual conditional leniency letters are available at: https://www.justice.gov/atr/leniency-program

Step Three: Final Leniency Letter

The third stage is the final leniency letter. An applicant will receive a final leniency letter after it satisfies its obligations under the conditional leniency letter and the Division verifies the applicant’s representations regarding eligibility. Normally, the Division issues the final leniency letter after the completion of the investigation and any resulting prosecutions.