Confidentiality

The Antitrust Division takes the confidentiality of whistleblowers, complainants, and witnesses seriously. The Antitrust Division uses whistleblower, complainant, and witness reports only for law enforcement purposes.

The Antitrust Division will not publicly disclose any information, including information you submit to the Antitrust Division, that could reasonably be expected to reveal your identity, except as required by law or Department of Justice policy or for law enforcement purposes as determined by the Antitrust Division, in its sole discretion, or in connection with a judicial or administrative proceeding. At all times, the Antitrust Division takes reasonable steps to minimize the potential that the use will lead to your public identification.

If the Antitrust Division determines that it is necessary to accomplish a valid law enforcement purpose or to protect the public, the Antitrust Division may provide your information to another federal, state, local, or tribal enforcement agency. The Antitrust Division will not disclose your identity or information to enforcers in other countries without your consent.

Federal law protects employees who report criminal antitrust violations from retaliation by their employers, including enforcement of nondisclosure agreements to punish reporting employees.

Exemption 7(D) of the Freedom of Information Act protects the identity of a confidential source and, in criminal and lawful national security intelligence investigations only, confidential information furnished by that source. In other investigations, this exemption protects the identity of confidential sources but not necessarily the information furnished except to the extent that the information could be used to identify the confidential source. Sources are considered confidential if they request an express promise of anonymity or if they have provided information in circumstances where the assurance of confidentiality may reasonably be inferred. This exemption applies not only to real persons but also to corporations, trade associations, domestic and foreign governments, and law enforcement sources.