CLOSEClose New York Law Journal Menu
 
X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
complianceThe U.S. Department of Justice’s Antitrust Division has historically taken a tough stance against corporate compliance programs that arguably failed to prevent employees from committing criminal antitrust offenses, such as price fixing and bid rigging. For instance, the Division has never opted to forgo charges, file lesser charges, or impose a lower fine against a corporation on the basis that it had a generally effective compliance program. If an antitrust violation occurred at all, so the Division’s traditional position held, the corporation’s compliance program must have been ineffective, almost by definition. Such a rigid approach has been criticized as being “all stick and no carrot,” as well as being out of line with the rest of the DOJ.

In an apparent response to this criticism, the Division recently has signaled a willingness to add more “carrots” to its policy. Since 2015, the Division has imposed lower criminal fines on three separate occasions where the pleading companies “substantially” improved their compliance programs after the wrongfully conduct occurred. These cases involving post-violation compliance enhancements represent the only instances to date where the Division has provided compliance-related credit. Notably, during this time, the Division has hewed to its policy that it will not provide companies any credit—either at the charging or sentencing stages—for even exemplary compliance programs that existed before the wrongful conduct occurred.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.