News & Analysis as of

Antitrust Division Deferred Prosecution Agreements

Axinn, Veltrop & Harkrider LLP

Conspiracy Theories Newsletter, 2024 Edition: Eight Predictions for the Future of Cartel Enforcement

2023 was a dramatic year for criminal antitrust enforcement in the United States. The Antitrust Division of the U.S. Department of Justice (“DOJ”) garnered big wins: three convictions at trial,1 $267 million in criminal fines...more

The Volkov Law Group

DOJ Settles Criminal Antitrust Charges with Teva and Glenmark for $305 Million

The Volkov Law Group on

The Antitrust Division has been active – like any aggressive prosecution strategy, however, its results have been mixed.  Its record in criminal cases has taken serious hits – a stunning set of losses in the chicken...more

Vinson & Elkins LLP

Winter 2021-2022 Antitrust Cartel Primer

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This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...more

Vinson & Elkins LLP

DOJ Announces Concrete Company’s Deferred Prosecution Agreement: Are Effective Antitrust Compliance Programs Really Less Important...

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In early January 2021, the U.S. Department of Justice’s (“the DOJ”) Antitrust Division (“the Division”) announced a Deferred Prosecution Agreement (“DPA”) with Argos USA LLC (“Argos” or “the Company”).1 While DPAs have been...more

The Volkov Law Group

Too Big to be Accountable: The Big Case Dilemma

The Volkov Law Group on

Over the last twenty year (yes, 20 years), the Justice Department’s civil and criminal enforcement record has come under greater scrutiny.  Whether you call it “Too Big To Jail” or “Too Big to Fail,” questions continue to...more

Health Care Compliance Association (HCCA)

Department of Justice fines pharmaceutical company

Compliance Today (August 2020) - On May 7, the Department of Justice’s Antitrust Division announced a deferred prosecution agreement, in which Apotex Corp. agreed to pay a $24.1 million criminal penalty for...more

The Volkov Law Group

DOJ Criminal Generic Pharma Price-Fixing Investigation Gathers Steam: Taro Pharmaceuticals Agrees to Pay DOJ Total of $419 Million

The Volkov Law Group on

The DOJ Antitrust Division’s multi-year criminal cartel investigation of the generic pharmaceutical industry is gaining steam.  The latest company to settle is Taro Pharmaceuticals which agreed to enter a deferred prosecution...more

Bradley Arant Boult Cummings LLP

DOJ Secures $100 Million Penalty from Florida Oncology Provider for Criminal Antitrust Conspiracy

On April 30, 2020, the United States Department of Justice Antitrust Division (DOJ) announced that it had brought a one-count felony charge against Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group...more

Morgan Lewis - Health Law Scan

Florida Oncology Group Pays $100M Fine, Enters into DPA with DOJ Antitrust Over Alleged Market Allocation Agreement

The Antitrust Division of the US Department of Justice (DOJ) entered into a deferred prosecution agreement (DPA) with Florida Cancer Specialists & Research Institute LLC (FCS), a leading oncology provider in Southwest...more

The Volkov Law Group

DOJ Catches Big Fish in Generic Pharmaceutical Criminal Antitrust Investigation

The Volkov Law Group on

The Justice Department’s Antitrust Division announced a major guilty plea with Sandoz, Inc., in its expanding criminal investigation of the generic pharmaceutical industry....more

Perkins Coie

“See Something, Say Something”: Prompt Reporting of Criminal Antitrust Violations Is Critical

Perkins Coie on

When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one...more

McDermott Will & Emery

DOJ Set to Increase Scrutiny of Government Contractors with New Procurement Collusion Strike Force

McDermott Will & Emery on

Government contractors should be aware that the Department of Justice (DOJ) is taking new steps to scrutinize public procurement. The DOJ Antitrust Division’s creation of the Procurement Collusion Strike Force (PCSF) means...more

Foley & Lardner LLP

DOJ Antitrust Division Announces New Policy to Incentivize Corporate Compliance

Foley & Lardner LLP on

The Department of Justice Antitrust Division will now consider a target company’s antitrust compliance program when determining how to resolve criminal matters. This represents a fundamental shift in the Antitrust Division’s...more

Thomas Fox - Compliance Evangelist

Antitrust Compliance Programs: Part 1 – Introduction

As the third in a triumvirate of releases on compliance programs, the Department of Justice (DOJ) Antitrust Division, in July, released its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - July 2019

Below, we summarize significant cartel enforcement developments from U.S. and other antitrust enforcers in recent months, including the significant change to longstanding policy by the Department of Justice (DOJ) Antitrust...more

Jones Day

Antitrust Alert: New DOJ Criminal Enforcement Policy Boosts Value of Antitrust Compliance Programs

Jones Day on

The U.S. Department of Justice Antitrust Division ("DOJ") recently announced significant revisions to its criminal enforcement policies regarding the value it places on a company's pre-existing antitrust compliance program....more

Hogan Lovells

The Antitrust Division announces landmark policy shift to credit robust corporate compliance

Hogan Lovells on

"An ounce of prevention is worth a pound of cure." Assistant Attorney General Makan Delrahim (Delrahim) for the Antitrust Division of the U.S. Department of Justice (the Division or DOJ) called on the words of Benjamin...more

Bass, Berry & Sims PLC

New DOJ Policy Underscores Need for Effective and Robust Antitrust Compliance Programs Now More than Ever | Bass, Berry & Sims PLC

Bass, Berry & Sims PLC on

• The Department of Justice (DOJ) has announced a policy change under which it will consider a company’s antitrust compliance program in mitigation of alleged criminal violations of antitrust laws. • The DOJ’s previous...more

Bracewell LLP

DOJ Changes Criminal Policy to Recognize Antitrust Compliance Programs

Bracewell LLP on

In a major policy shift, the Antitrust Division of the Department of Justice recently announced that it will now credit companies for effective corporate antitrust compliance programs in making charging decisions and penalty...more

Morgan Lewis

New DOJ Policy to Incentivize Robust Antitrust Compliance Programs

Morgan Lewis on

The US Department of Justice Antitrust Division (Antitrust Division) issued new policy guidance on July 11 that provides companies with the opportunity to receive credit for adopting and maintaining a robust corporate...more

Orrick - Antitrust Watch

DOJ Changes Course and Announces That It Will Favorably Consider “Robust” Antitrust Compliance Programs at Both the Charging and...

Benjamin Franklin once observed that “an ounce of prevention is worth a pound of cure.” In the antitrust context, this means that most, if not all, companies will want as a matter of course to adopt and maintain an antitrust...more

Latham & Watkins LLP

New DOJ Guidance Increases Benefits for Robust Antitrust Compliance Programs - What Companies Need to Know

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The Antitrust Division’s new policy gives credit for pre-existing compliance programs, but only those that meet certain high standards. On July 11, 2019, Assistant Attorney General Makan Delrahim announced that the US...more

Wilson Sonsini Goodrich & Rosati

DOJ's Antitrust Division Announces New Policy Incentivizing Qualified Corporate Antitrust Compliance Programs

On July 11, 2019, Assistant Attorney General Makan Delrahim of the U.S. Department of Justice (DOJ) announced a new policy to incentivize corporate antitrust compliance. The DOJ will, for the first time, formally consider...more

A&O Shearman

Companies With Effective Antitrust Compliance Programs Could Get Relief From Criminal Prosecution Under New DOJ Policy

A&O Shearman on

The Antitrust Division of the U.S. Department of Justice (Division) finally will consider the existence of effective antitrust compliance programs at the charging stage of criminal antitrust investigations, opening up the...more

Hogan Lovells

The Antitrust Division changes the calculus for cooperating cartelists

Hogan Lovells on

Change is here. A few weeks ago, Makan Delrahim – Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice (the Division or DOJ) – signaled a major change in how the Division will assess a...more

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