3 Compliance Considerations After New DOJ Antitrust Policy

Law360 (August 30, 2019, 3:51 PM EDT) -- The U.S. Department of Justice's Antitrust Division historically took the position that effective antitrust compliance programs must prevent a company from committing any criminal antitrust (cartel) violations, such as price-fixing and bid-rigging.[1] If the cartel violation occurred, the DOJ believed a compliance program must have been ineffective. Accordingly, in the event of a cartel violation, the DOJ refused to credit a company’s antitrust compliance efforts when deciding whether to prosecute the company.

In July, the DOJ announced a substantially revised compliance policy that, for the first time, allows government prosecutors to take a company’s preexisting (previolation) compliance program into account when...

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