Guidance for Companies Developing and Implementing Antitrust Compliance Programs

Recent policy statements by the U.S. Department of Justice’s Antitrust Division (“DOJ”) highlight the factors companies should consider when developing and implementing antitrust compliance programs. Effective antitrust compliance programs help companies avoid anticompetitive conduct altogether or identify potentially anticompetitive activity soon enough to eliminate or reduce the repercussions to the company. When a company learns of potentially anticompetitive activity within its ranks, the company should act quickly.

Recent Statements by the Department of Justice -

The United States Department of Justice’s Antitrust Division (“DOJ”), through comments by Deputy Assistant Attorney General Brent Snyder (“DAAG Snyder”) on September 9, 2014 and by Assistant Attorney General Bill Baer (“AAG Baer”) on September 10, 2014, has provided important guidance regarding antitrust compliance programs. With the explosion of antitrust enforcement in the United States and in other jurisdictions resulting in billions of dollars in fines levied against companies found responsible for violations, effective antitrust compliance programs are now a hallmark of sound corporate governance. Effective antitrust compliance programs result in extensive corporate savings over time, both by avoiding anticompetitive conduct in the first place and by rapidly identifying potentially anticompetitive activity and allowing corporations to minimize exposure or to take advantage of the DOJ Corporate Leniency Program.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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