Liberals Intensify Criticism of DOJ’s Merger Safe Harbor Policy

Progressive organizations want the Justice Department to roll back a new initiative to shield acquiring companies from prosecution when self-disclosing wrongdoing at targets, a policy they say will accelerate market concentration.

Fourteen groups, including Demand Progress and American Economic Liberties Project, urged Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco to reconsider a recent safe harbor policy. It formalizes pre-existing practices by offering businesses a pathway to a declination when they voluntarily report white-collar crime uncovered during the merger and acquisition due diligence process.

“The policy will fuel more harmful concentration of industry, while simultaneously offering a ...