The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying its intent to potentially use materials received in response to CIDs to launch secondary...more
9/20/2020
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Investigation Demand ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
On August 16, 2019, the D.C. Circuit Court of Appeals affirmed a denial of class certification to a proposed class of shippers seeking to recover damages from Class 1 railroads for an alleged price-fixing conspiracy. The...more
8/21/2019
/ Antitrust Conspiracies ,
Antitrust Violations ,
Appeals ,
Calculation of Damages ,
Class Action ,
Class Certification ,
FRCP 23 ,
Fuel Surcharges ,
Interlocutory Appeals ,
Predominance Requirement ,
Price-Fixing ,
Railroads ,
Reaffirmation ,
Shipping ,
Vacated
Question: Can a company have both an effective antitrust compliance program and an antitrust violation?
DOJ before June 11, 2019: Nope.
DOJ today: Yes, and your company may even get a deferred prosecution agreement if...more
7/15/2019
/ Antitrust Violations ,
Board of Directors ,
Chief Compliance Officers ,
Compliance ,
Corporate Counsel ,
Criminal Antitrust Litigation ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Employee Training ,
Incentives ,
Internal Controls ,
New Guidance ,
Recordkeeping Requirements ,
Risk Assessment ,
Risk Mitigation