Benjamin Christenson, Trial Attorney and Special Assistant to the Director for Criminal Enforcement at the US Department of Justice Antitrust Division, joins us for this podcast in which he sheds light on the their document, Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (ECCP). First issued in 2019, the ECCP was updated in 2024 to reflect changes in business, the law and technology, as well as what the Antitrust Division had learned over the last five years.
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Benjamin Christenson, Trial Attorney and Special Assistant to the Director for Criminal Enforcement at the US Department of Justice Antitrust Division, joins us for this podcast in which he sheds light on the their document, Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (ECCP). First issued in 2019, the ECCP was updated in 2024 to reflect changes in business, the law and technology, as well as what the Antitrust Division had learned over the last five years.
He shares that there are three significant areas of focus in the ECCP worth particular study:
1. AI and Emerging Technology. As companies deploy AI, it’s essential that compliance teams have visibility into what is being done, understand it and monitor antitrust issues such as using the technology to fix prices.
2. NDAs and Whistleblowers. Like others in enforcement, the DOJ is concerned when a non-disclosure agreement may have a chilling effect on potential whistleblowers who are considering reporting an issue to the US government. In addition, whistleblowers need to know that they are protected by Federal law.
3. Third party communication platforms. As employees increasingly move out of email and use texts or tools such as WhatsApp, organizations need to train their workers of the need to preserve the documents
Overall the ECCP is very similar to the Criminal Division’s document on evaluating compliance programs, but the latest Antitrust Division ECCP is worth spending time with on its own right, especially if you have risk in this area.
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