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United States: Blowing the Whistle on Collusion – New DOJ Antitrust Division Program

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In brief

The Department of Justice’s Antitrust Division, in partnership with the U.S. Postal Service, has launched a Whistleblower Rewards Program to combat antitrust crimes. Following the DOJ Criminal Division’s launch of a whistleblower pilot program last year,1 the Antitrust Division is now offering a reward to whistleblowers. Under the new program, individuals who report credible and timely evidence of antitrust collusion—such as price-fixing or bid-rigging and certain monopolization cases—may receive up to 30% of recovered criminal fines. This marks a significant step in expanding detection tools for antitrust violations, with reports to be submitted through a dedicated DOJ webpage.

Key takeaways

  • The Whistleblower Rewards Program marks a major enforcement shift by offering financial incentives for reporting potential antitrust crimes. 
  • The program is designed to encourage people to come forward with credible information that can help enforce antitrust laws.
  • It expands the DOJ’s toolkit for detecting collusive conduct like price-fixing and bid-rigging, while reinforcing interagency coordination with the U.S. Postal Service Inspection Service and the U.S. Postal Service Office of Inspector General (USPS OIG). 
  • By enabling individuals to report directly and potentially receive up to 30% of fines collected, the program may strengthen deterrence across multiple industries— including industries where the USPS procures goods and services either directly or indirectly. 
  • It also signals DOJ’s growing reliance on informant-led investigations to uncover and prosecute complex antitrust violations.

In more detail

The Whistleblower Rewards Program represents a significant development in antitrust enforcement, particularly in areas that are difficult to monitor, such as procurement. By offering financial incentives for individuals to provide “specific, credible, and timely information,” the program directly addresses the challenge of uncovering cartel activities, often conducted in manners difficult to detect. 

From a deterrent perspective, this shift alters the risk calculus for potential offenders. The policy implies that even the most covert conspiracies are susceptible to detection since individuals now have a financial incentive to disclose. For the Antitrust Division, this could result in earlier detection, higher-quality evidence, and more efficient investigations. 

Notwithstanding its potential, several considerations remain about the program’s implementation and practical effectiveness. Its success hinges on how accessible and protective the reporting process is, and whether potential whistleblowers perceive the program as worth the risk. 

The program’s objective is said to “incentivize individuals and companies about collusive behavior without the fear of reprisal.” To support the program, the DOJ launched a dedicated Whistleblower Rewards Program webpage,2 and key information on antitrust crimes. Any award is subject to the terms of a Memorandum of Understanding3 (MOU) the Antitrust Division has with its law enforcement partners. 

The MOU establishes eligibility criteria, reporting instructions, outlining and defining limitations and conditions. If an individual voluntarily reports original information about antitrust violations that lead to at least $1 million in fines or recoveries, they may receive a reward. The Antitrust Division will ultimately have discretion on whether to grant the reward, “but if a whistleblower is eligible for an award the presumptive award amount will be between 15 and 30% of the amount of the criminal fine or recovery.”  

Further, this initiative aligns with broader global trends in competition law, emphasizing enforcers’ interests in proactive detection, leveraging informants, employing reward mechanisms, and building enforcement synergies. This heightens the stakes for those engaged or who may engage in collusion, signals a serious commitment by the Division, and has the potential to significantly enhance its enforcement scope and capabilities. 

Companies should expect more oversight and enforcement, underscoring the need for companies to enhance their compliance programs. This raises the stakes for compliance failures and increases the likelihood of investigations initiated through whistleblower tips. Companies should take this as a further incentive to strengthen internal controls, ensure their procurement practices are in compliance with antitrust laws, and reinforce a culture of compliance to mitigate any potential exposure and reputational harm.

1 United States: DOJ launches Corporate Whistleblower Awards Pilot Program – Baker McKenzie InsightPlus
2 www.justice.gov/atr/whistleblower-rewards
3 Memorandum of Understanding Regarding the Whistleblower Rewards Program and Procedures Between the Antitrust Division United States Department of Justice and the United States Postal Service and the Office of Inspector General United States Postal Service

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Ashley Eickhof is a partner in the Firm's North America Antitrust & Competition Practice Group. She has a proven track record of successfully representing multinational corporations and their executives in high-stakes criminal and civil investigations by federal and state agencies, including the US Department of Justice and Federal Trade Commission. In 2024, Ashley was honored as a "Rising Star" by Legal 500 in both antitrust cartel and antitrust civil litigations/class action defense. Drawing upon her background as a federal prosecutor for the Antitrust Division of the US Department of Justice, Ashley brings invaluable insight to her clients, ensuring effective representation in the most complex legal matters.
Ashley serves as Co-Chair of BakerWomen DC and is on the Steering Committee for the Firm’s Cartel Task Force.

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Jeff Martino brings an in-depth understanding of a wide variety of white collar and fraud related matters to his antitrust litigation and investigations practice. Jeff is co-lead of the Firm's Global Cartel Task Force and represents multinational corporations and their boards and executives in high-stakes criminal and civil investigations by the US Department of Justice (DOJ) and other federal and state agencies. Jeff draws upon his extensive criminal investigations, litigation, and enforcement experience to advise clients through sensitive matters pertaining to international cartel actions and white collar investigations. Prior to joining Baker McKenzie, Jeff spent nearly two decades at the DOJ and his last five years as Chief of DOJ Antitrust Division's New York Office. He has extensive experience as "first chair" on trials and investigations in the most complex areas of criminal antitrust and market manipulation. Jeff's work at the DOJ included providing technical assistance to competition agencies in Asia, Africa, the Americas and Europe and overseeing matters that included international corruption and antitrust cartel offenses that entangled the largest global banks and their key executives.

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Adrienne Harreveld is a senior associate in Baker McKenzie's Miami office. Adrienne is a skilled courtroom advocate and represents clients through trial and on appeal. Adrienne represents multinational corporations and individuals in a wide range of commercial litigation and white-collar criminal matters. This includes representing debtors, trustees, and foreign representatives in adversary proceedings involving allegations of fraud and civil theft.
Prior to joining the Firm, Adrienne clerked for the Honorable Chief Judge Cecilia M. Altonaga and the Honorable Robin L. Rosenberg of the United States District Court for the Southern District of Florida as a pro se law clerk. She also served as a staff attorney for the Capital Defense Project of Southeast Louisiana, where she gave trial counsel to defendants facing the death penalty.

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Natalie Flores is currently the regional knowledge attorney for North America and Latin America in the Global Antitrust & Competition Group in the Firm's Mexico City Office. She has over ten years of experience as an attorney, and manages and executes regional and global legal content projects, training and client initiatives for the Competition Group within the context of the Firm's knowledge strategy across the region. Natalie oversees all regional knowledge for the antitrust and competition group for the Americas, including develop thought leadership, client training, and publications, amongst other antitrust initiatives for the region, and advises a diverse range of industry clients in multijurisdictional competition matters. She has experience in competition litigation, specifically class action. She is an active member of the Firm's various industry groups, with a focus in the Energy, Mining & Infrastructure group of Baker McKenzie. Natalie is on the Board for Mujeres en Energías Renovables (Women in Renewable Energy) en México (MERM), an association dedicated to promoting the development of women in renewable energy, and concentrates on advocating for renewables and the empowerment of women in the sector.

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