The Antitrust Division of the Department of Justice issued updated Guidance in November on the evaluation of corporate compliance programs in criminal antitrust investigations. The 2024 Compliance Guidance continues to...more
In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers...more
The U.S. Department of Justice, Antitrust Division (Antitrust Division) announced several significant updates to its Leniency Policy on April 4, 2022. Under that policy, the first company or individual to report a criminal...more
While up against ever-changing antitrust regulations, enterprises continue to struggle with implementing a formal and defensible compliance program. Detecting and mitigating risk, as well as avoiding criminal liability, are...more
The Department of Justice recently sent a stark message to medical providers (and other businesses) that agreements to allocate services, employees, and customers among competing providers will be prosecuted under criminal...more
Compliance Today (April 2020) The following are prepared remarks by Deputy Assistant Attorney General Richard A. Powers delivered February 7, 2020. He discussed recent litigation and enforcement actions; however, the...more
When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one...more
Global companies are paying greater attention to criminal antitrust risks – and with good reason. We often dwell on the impact to a company of a major FCPA investigation. A global criminal antitrust investigation often in...more
What a change in US criminal antitrust charging policy means for Taiwanese businesses. In July 2019, the Antitrust Division of the US Department of Justice (DOJ) announced a new policy to encourage the implementation of...more
The U.S. Department of Justice (DOJ) announced a new policy on July 11, 2019, designed to incentivize the development and implementation of corporate antitrust compliance programs. In remarks made at the New York...more
• The Department of Justice (DOJ) has announced a policy change under which it will consider a company’s antitrust compliance program in mitigation of alleged criminal violations of antitrust laws. • The DOJ’s previous...more
The Antitrust Division of the United States Department of Justice (“DOJ”) announced that it will give credit to corporations that invest in robust antitrust compliance programs in handling criminal violations of US antitrust...more
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
The Department of Justice (DOJ) appears to be continuing to revamp its approach to companies suspected of financial crimes, and emphasize the importance of prosecutions of individuals. In a number of speeches in 2018, senior...more
There have been some major developments in the trade, Customs fraud, patents, US/Chinese antitrust, and securities areas. I have just returned from a trip of more than 2 weeks in China. While in China, we discussed US...more