Heightened Antitrust Enforcement: New Emphasis, New Risks

Sharpening Compliance to Withstand Tougher DOJ Scrutiny

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

Conducted on Tuesday, August 25, 2009

Course Materials

This seminar will examine the current antitrust enforcement environment, highlighting emerging risks for businesses. The panel will outline strategies for counsel to ensure compliance with antitrust laws and new enforcement measures.

Description

Businesses and their counsel must remain vigilant about antitrust compliance even in these challenging economic times. The new administration has indicated antitrust enforcement will be stronger and more active than it has been in recent years.

The current year has already seen over $1 billion dollars in criminal antitrust fines assessed by the government. Even with budgets stretched thin, companies must carefully consider any reduction in compliance efforts, antitrust audits, and investigations of potential antitrust violations.

Borderline conduct that might not have been subject to antitrust scrutiny in the past is more likely now to get the attention of antitrust enforcers. In addition, the U.S. DOJ recently gave notice that it will give particular focus to those receiving stimulus money.

Listen as our authoritative panel of antitrust attorneys reviews the risks of antitrust violations in the current enforcement environment, what can be learned from recent enforcement actions, and offers best practices for compliance and dealing with antitrust enforcers.

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Outline

  1. Risks/enforcement environment
    1. Weaker internal training, prevention and detection efforts (to cut costs)
    2. Employees desperate to perform
    3. Less intense managerial scrutiny
    4. Vigorous enforcement under the new administration
    5. What prompts investigations
  2. Lessons learned from recent enforcement action
    1. Red flags
    2. Honest services fraud
    3. Recent enforcement
  3. Best practices for compliance
    1. Initiate/review monitoring and compliance programs
    2. Establish reporting and document management procedures
    3. Establish/review other internal controls
  4. Working with antitrust enforcers

Benefits

The panel will review these and other key questions:

  • How has the combination of the economic downturn and the new administration brought additional risks for antitrust violations for businesses and their employees?
  • What types of business activity are likely to trigger an investigation by antitrust enforcers?
  • What are the best practices for companies and counsel to ensure antitrust compliance?

Faculty

J. Brady Dugan
J. Brady Dugan
Partner
Akin Gump Strauss Hauer & Feld

He focuses on government investigations with a particular emphasis on criminal antitrust matters. He also has...  |  Read More

Stephen B. Donovan
Stephen B. Donovan
Chief Counsel - Antitrust
International Paper

His responsibilities include oversight of global compliance efforts across a number of areas, including antitrust,...  |  Read More

Henry Thaggert
Henry Thaggert
Senior Counsel, Antitrust
Northrop Grumman

He advises the company’s business clients and the Corporate Strategy and Technology Group on proposed...  |  Read More

Mark R. Rosman
Mark R. Rosman
Assistant Chief
U.S. Department of Justice, Antitrust Division

Since 2004, he has served as the Assistant Chief of the National Criminal Enforcement Section of the U.S. Department of...  |  Read More

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