The Antitrust Division considers the confidentiality afforded in its leniency program to be a hallmark of the program and holds the identity of, and information provided by, leniency applicants in strict confidence. However, in light of the Court's opinion in FOIA litigation titled Stolt-Nielsen Transportation Group Ltd. v. United States, 534 F.3d 728 (D.C. Cir. 2008), and the settlement agreement reached by the parties, the Division has released redacted copies of its leniency (amnesty) letters to its FOIA electronic reading room to give the public equal access to the terms and conditions of the letters.
In order to protect the identity of leniency applicants, the information provided by the applicants, and the integrity of enforcement proceedings, under FOIA Exemptions 7(A) and 7(D), 5 U.S.C. §§ 552(b)(7)(A) and (D), confidential information falling within the following six categories has been redacted from the letters: (1) names, titles and other personal and corporate identifiers; (2) dates and temporal information; (3) industries; (4) miscellaneous identifiers and confidential source provided information; (5) geographic information; and (6) specific cartel conduct and offense descriptions. To further protect the confidentiality of the leniency applicants, the redacted letters are arranged in random, non-chronological order within two groups or batches. The first batch of letters spans the period from the August 10, 1993 issuance of the Division's Corporate Leniency Policy until the Division's announcement of a model leniency letter on April 1, 1998. The second batch of letters spans the period from April 1,1998 until the Division issued a set of revised model leniency letters on November 19, 2008. The Division conducted a reasonable search for leniency letters and has released all the letters it located that were dated before November 19, 2008.
In order to mitigate concerns that the identity of specific leniency applicants or the information provided by applicants could be determined, even with redactions, the Division is able to release redacted leniency letters in large batches only, such as the groups of letters below. Additional large batches of redacted leniency letters will be added to the Web site at future intervals.
Redacted Leniency Letters -- August 10, 1993 through March 31, 1998
Redacted Leniency Letters -- April 1, 1998 through November 18, 2008
If you have problems with the legibility of letters, send an e-mail to email@example.com.
Updated: June 1, 2009