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Rethinking Antitrust Compliance in Response to New Risks: 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 video webinar with Q&A

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This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, June 2, 2022

Recorded event now available

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This CLE course will examine how companies should adjust antitrust compliance programs to manage antitrust risk in a changing enforcement landscape as criminal antitrust enforcement has experienced significant changes in the last year. The panel will describe the benefits of having a robust antitrust compliance program and provide practical tips for implementing an effective program.


Labor markets have emerged as a new enforcement focus under the Biden administration. In late 2020, the DOJ issued its first criminal indictment alleging wage-fixing by competing employers. In the last year, there have been numerous labor-market prosecutions, involving both wage-fixing and "no-poach" agreements by employers.

Enforcers are also focused on detecting and prosecuting criminal antitrust violations in which the government is the victim. In November 2019, the DOJ announced the creation of a Procurement Collusion Strike Force (PCSF) to prosecute antitrust crimes involving public procurement and grant/program funding. The PCSF's investigative work has led to a series of indictments over the last year.

The panel will discuss how companies can modify and expand upon existing antitrust compliance efforts to respond to these recent enforcement trends. And the panel will discuss how companies starting from scratch can implement meaningful antitrust compliance.

The panel will also examine changes in DOJ guidance that provide benefits to companies that invest in antitrust compliance. 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. According to DOJ’s policy, there are several critical elements of an "effective" antitrust compliance program that organizations should consider. They include meaningful involvement of senior leadership, tailoring compliance efforts 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.

Listen as our authoritative panel examines the latest enforcement and policy trends and describes steps companies and their counsel can take now to establish an antitrust compliance program. Now is a good time for companies and their counsel to rethink antitrust compliance efforts in light of recent changes in enforcement and policy.



  1. Current antitrust enforcement climate
  2. The benefits of implementing an antitrust compliance program
  3. The key elements of an "effective" antitrust compliance program, according to recent DOJ guidance
  4. The role of monitoring in antitrust compliance
  5. Conducting antitrust audits or risk assessments to make the most of compliance spending
  6. Best practices for responding to potential antitrust violations when they occur


This panel will review these and other relevant matters:

  • What kind of business activities present the greatest 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 respond to new trends in criminal antitrust enforcement?
  • What are the key considerations when responding to a potential antitrust violation?


Allen, Herbert
Herbert F. Allen


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


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

Lomax, Dionne
Dionne C. Lomax

Managing Director, Antitrust and Trade Regulation
Affiliated Monitors Inc.

Ms. Lomax is Managing Director of Antitrust and Trade Regulation at Affiliated Monitors, Inc. (AMI)  She also...  |  Read More

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