A Rare Antitrust Deferred Prosecution Agreement From DOJ

Law360 (June 14, 2019, 2:55 PM EDT) -- The Department of Justice routinely relies on deferred prosecution agreements and nonprosecution agreements to resolve corporate criminal investigations. Since 2004, the DOJ has entered into an average of 33 such agreements per year. These agreements allow companies to avoid what can be cataclysmic consequences of pleading guilty. From the government’s perspective, they provide an admission of wrongdoing, cooperation with the investigation, payment of a fine and assurance of an improvement of a company’s compliance program.

While DPAs and NPAs are popular among the DOJ’s Criminal Division and U.S. attorneys’ offices around the country, the DOJ’s Antitrust Division has been very reluctant...

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