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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.

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