Got An Antitrust Compliance Program? An Effective Program May Be More Valuable Than Ever Under A New DOJ Policy

U.S. Antitrust, Competition and Trade Regulation and Investigations, Enforcement and White Collar Alert

25 July 2019

The U.S. Department of Justice Antitrust Division (“Antitrust Division”) recently announced that it will now consider a company’s antitrust compliance program when deciding whether to bring criminal charges against a company for violations of the U.S. antitrust laws.  This is a momentous reversal of the Antitrust Division’s long-standing policy of requiring corporate guilty pleas for companies that did not otherwise qualify for leniency under the Antitrust Division’s Corporate Leniency Policy. In announcing its policy reversal, Assistant Attorney General Makan Delrahim explained that “the time has now come to . . . recognize the efforts of companies that invest significantly in robust compliance programs.”  This announcement makes the decision to initiate or strengthen an existing antitrust compliance program more valuable than ever. Read the full Alert here.