A Potential Shift In Antitrust Deferred Prosecution Agreements

By Justin Murphy, Brian Boyle and Alexandra Lewis (July 30, 2021, 1:07 PM EDT) -- Since the U.S. Department of Justice Antitrust Division issued its "Evaluation of Corporate Compliance Programs" document in 2019, corporate counsel have relied on it as a road map for designing and implementing effective compliance programs.

Until recently, the division's use of deferred prosecution agreements, or DPAs, has clearly supported that approach by evaluating corporate compliance policies in a manner self-evidently consistent with the guidelines.

However, the division's recent agreement with Argos USA LLC indicates that the division may be changing its approach to corporate compliance programs. This DPA suggests important considerations for corporate counsel when developing compliance programs and for those...

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