DOJ Antitrust Division’s New Whistleblower Program Signals Robust Pipeline for Investigations Beyond Leniency
By Legal Affairs Correspondent
Published August 15, 2025
Washington, D.C. – On July 8, 2025, the U.S. Department of Justice (DOJ) Antitrust Division, in partnership with the U.S. Postal Service (USPS) and its Office of Inspector General (USPS OIG), launched a groundbreaking Whistleblower Rewards Program aimed at uncovering criminal antitrust violations. This first-of-its-kind initiative, offering monetary rewards of 15% to 30% of recovered criminal fines exceeding $1 million, marks a strategic shift from the Division’s traditional reliance on its Corporate Leniency Policy, signaling a new pipeline for investigations into price-fixing, bid-rigging, market allocation, and related offenses.
A New Tool to Break the “Walls of Secrecy”
Assistant Attorney General Abigail Slater emphasized the program’s goal to “create a new pipeline of leads from individuals with firsthand knowledge of criminal antitrust and related offenses that will help us break down those walls of secrecy and hold violators accountable.” Unlike the Corporate Leniency Policy, established in 1993 to incentivize self-reporting by corporations and individuals in exchange for immunity, the Whistleblower Rewards Program targets individuals with original, non-public information about antitrust crimes, particularly those affecting the USPS.
The program, formalized through a Memorandum of Understanding (MOU), leverages the USPS’s statutory authority under 39 U.S.C. § 404(a)(7) to collect fines for violations impacting its operations, revenues, or property. Eligible whistleblowers can receive substantial payouts—potentially millions, given that Sherman Act violations carry maximum corporate fines of $100 million or twice the gain or loss involved. For example, a whistleblower in a case like the 2023 generic drug manufacturer’s $225 million penalty could have earned between $33 million and $67.5 million.
Key Features and Eligibility
To qualify, whistleblowers must provide “specific, credible, and timely” information voluntarily, meaning before any formal government demand. The information must be original—not derived from public sources, privileged communications, or previously known to the DOJ or USPS—and lead to a criminal conviction with fines of at least $1 million. Eligible violations include:
- Criminal violations of the Sherman Act (e.g., price-fixing, bid-rigging, market allocation, monopolization).
- Federal crimes that facilitate or conceal Sherman Act violations.
- Crimes targeting public procurement or federal competition investigations.
However, the program has limitations. The violation must have a nexus to the USPS, though the harm need not be material. This requirement, rooted in the USPS’s statutory authority, may limit the program’s scope, but the DOJ and USPS’s involvement in the Procurement Collusion Strike Force suggests a broad interpretation, especially for procurement-related fraud. Additionally, individuals who led or coerced others into the illegal activity, or those employed by or related to DOJ/USPS personnel, are ineligible.
Impact on Corporate Leniency and Compliance
The Whistleblower Rewards Program complements but does not replace the Corporate Leniency Policy, which grants immunity to the first company or individual to self-report and cooperate. However, the new program introduces complexities. Employees incentivized by financial rewards may bypass internal reporting channels to report directly to the DOJ, potentially undermining a company’s ability to apply for leniency. This dynamic increases the urgency for companies to detect and address misconduct swiftly, as a whistleblower’s report could trigger an investigation, closing the leniency window.
Legal experts warn that the program may lead to a surge in reports, including potentially meritless ones, given the broad language of the Sherman Act and the financial incentives. Companies face heightened risks, particularly in industries like healthcare, agriculture, and government procurement, where the DOJ has signaled continued enforcement focus. The program also aligns with broader DOJ efforts, such as the August 2024 Corporate Whistleblower Awards Pilot Program, reflecting a growing reliance on non-governmental actors to uncover corporate misconduct.
What Companies Should Do
The program’s launch underscores the need for robust antitrust compliance programs. Experts recommend:
- Reassess Antitrust Risks: Conduct comprehensive risk assessments, focusing on pricing, procurement, and third-party relationships to identify potential exposures.
- Enhance Training and Controls: Ensure employees, especially in sales and accounting, are trained on antitrust laws, and implement procedures to detect suspicious activities like bid-rigging.
- Strengthen Internal Reporting: Establish clear, confidential reporting channels to encourage internal whistleblowing, potentially within the 120-day safe harbor period outlined in the MOU, to address issues before external reports are made.
- Reinforce Anti-Retaliation Policies: The Criminal Antitrust Anti-Retaliation Act of 2019 protects employees from retaliation for reporting violations, making it critical to train managers and maintain anti-retaliation policies.
Looking Ahead
While the USPS nexus may initially constrain the program’s scope, its success could prompt the DOJ to seek broader funding to expand whistleblower rewards beyond postal-related crimes. The program’s integration with the Procurement Collusion Strike Force and its focus on industries like healthcare and agriculture suggest a proactive enforcement stance, even under the current administration’s targeted approach to white-collar crime.
As the DOJ scales up infrastructure to handle an anticipated influx of tips, companies must act swiftly to fortify compliance efforts. The Whistleblower Rewards Program not only raises the stakes for antitrust violations but also signals a new era of enforcement driven by individual insiders, challenging companies to stay ahead of potential whistleblowers. For more details, visit the DOJ’s whistleblower reporting portal at justice.gov.
Sources: USA Trusted Lawyers, Holland & Knight, Hogan Lovells, Sidley Austin LLP, Winston & Strawn, K&L Gates, Corporate Compliance Insights