X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
U.S. Department of Justice building in Washington, D.C. Photo: Diego M. Radzinschi /ALM

In our May 2019 article, we explained that recent enforcement actions and speeches by senior officials strongly suggested that the U.S. Department of Justice’s Antitrust Division would soon begin crediting generally effective corporate antitrust compliance programs when making charging and sentencing decisions in cartel investigations. Such a policy shift, we observed, would represent a dramatic break from the Division’s longstanding “zero credit” approach toward compliance programs that, while perhaps robust and well-intentioned, failed to prevent the criminal antitrust violation in question.

On July 11, 2019, the Assistant Attorney General for the Division, Makan Delrahim, announced that the Division will “immediately” abandon its “all-or-nothing” approach toward compliance programs. AAG Makan Delrahim, DOJ Antitrust Division, Wind of Change: A New Model for Incentivizing Antitrust Compliance Programs 3 (July 11, 2019) (hereinafter AAG Delrahim Speech). Instead, the Division will “reward” and “recognize the efforts of companies that invest significantly in robust compliance programs” by providing them charging and sentencing credit for implementing generally effective programs. Id. at 3, 5. Among other benefits, this new policy will allow companies to qualify for deferred prosecution agreements or otherwise mitigate their exposure (e.g., secure fine reductions and avoid the imposition of probation or an external monitor) even when they are not the first to self-report a criminal antitrust cartel.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

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 © 2021 ALM Media Properties, LLC. All Rights Reserved.