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

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.