Antitrust Tips for Corporate Counsel: Executing Compliance Programs, Avoiding Violations, Navigating Regulator Inquiries

Description

The Biden administration has made antitrust enforcement one of its key priorities, and high profile antitrust suits continue to make headlines. Moreover, in light of recent changes to key antitrust guidance and policies, as well as increased antitrust enforcement by the Department of Justice (DOJ), Federal Trade Commission (FTC), and state attorneys general, it has never been more important for corporate counsel and business leaders to take stock of both the evolving landscape of antitrust law and the principles of an effective compliance program.

As a first step, every company should implement and execute compliance guidelines and standards to educate business personnel on their obligations under the law. In-house or outside corporate counsel should, at a minimum, have separate policies addressing both (1) overall antitrust compliance; and (2) guidelines to follow in the case of a potential raid or surprise information request from an investigating regulator.

Internal corporate antitrust guidelines and procedures should target not only actual violations, but also conduct that could create the appearance of a potential violation. Price increases, production slow-downs, announcements about future business plans, communications or information exchanges with competitors, and dealer or supplier terminations are activities that are carefully scrutinized by regulators. Care should be taken in any instance where an action or strategy might appear to be inconsistent with unilateral self-interested behavior or where it will have a significant impact on competitors, suppliers, or downstream market participants.

Listen as our authoritative panel provides a substantive review of antitrust law and tackles some of the most pressing antitrust issues facing companies today. The panel will discuss what to consider when constructing an effective compliance program with an eye towards recent enforcement trends and provide common sense answers to key antitrust questions facing lawyers that advise businesspeople.