DOJ Guidance on Antitrust Compliance Programs: Practical Tips and Takeaways for Companies Large and Small

Implementing a Compliance Program That Avoids or Minimizes Antitrust Charges and Sentencing

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, December 3, 2020

Recorded event now available

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Program Materials

This CLE webinar will examine the practical implications of recent U.S. Department of Justice (DOJ) guidance on antitrust compliance policies. The panel will discuss the critical elements of an effective antitrust compliance program under the new DOJ guidance, the use of antitrust risk assessments or audits to allocate compliance resources, and the benefits of having a robust antitrust policy.

Description

In July 2019, the DOJ announced a new policy under which prosecutors will consider whether an organization has an "effective" antitrust compliance program when making criminal antitrust charging and sentencing decisions. The Division also released an updated guidance document which addresses how DOJ will evaluate whether a compliance program is "effective." The foregoing were further expanded upon in guidance released June 2020.

There are several critical elements of a "robust" and "effective" antitrust compliance program that organizations should consider. They include meaningful involvement of senior leadership, compliance efforts tailored to an organization's risk profile, regular training of employees in high-risk positions, appropriate incentives and discipline to deter violations, and routine reevaluation of antitrust risk.

In November 2019, DOJ announced the creation of a task force focused on detecting and prosecuting antitrust crimes involving public procurement and grant/program funding. DOJ recently announced additional internal reorganization to prioritize the detection of public procurement crimes.

Companies and their counsel should consider using the new guidance as an opportunity to rethink current compliance efforts so that compliance dollars are allocated to high-risk areas in light of current enforcement and litigation trends.

Listen as our authoritative panel examines the new DOJ antitrust guidance and steps companies and their counsel can take now to establish a robust antitrust compliance program.

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Outline

  1. Current antitrust enforcement climate
  2. Practical takeaways from DOJ's new policy on antitrust compliance
  3. Key elements of an "effective" antitrust compliance program
  4. Conducting antitrust audits or risk assessments to make the most of compliance spending

Benefits

This panel will review these and other relevant matters:

  • What kind of business activities present the greatest high antitrust risk?
  • How should a company's size and risk profile impact the design of its antitrust compliance program?
  • What practical steps can companies and trade associations take now to make their compliance programs "robust" and "effective," per the DOJ guidance?

Faculty

Allen, Herbert
Herbert F. Allen
Shareholder
Polsinelli

Mr. Allen is an experienced litigator and antitrust counselor who helps clients tackle complex problems, both in the...  |  Read More

Andrade, Jessica
Jessica M. Andrade
Shareholder
Polsinelli

Ms. Andrade is a commercial litigator and investigations attorney with Polsinelli, where she is chiefly associated with...  |  Read More

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