News & Analysis as of

Department of Justice (DOJ) Policy Statement

Jones Day

OCC Proposal and Policy Statement on Bank Mergers Could Freeze the Banking Industry in Place

Jones Day on

The Situation: On January 29, 2024, the Office of the Comptroller of the Currency ("OCC") requested comment on a proposed rule updating its bank merger rules and incorporating a policy statement (the "Proposal") on agency...more

DarrowEverett LLP

How DOJ's Safe Harbor Policy Rewards Honesty Within M&A Deals

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Be you a merger and acquisition attorney, corporate compliance officer, or counsel to an acquiring entity or target entity, you should review the Department of Justice’s new Merger and Acquisition Safe Harbor Policy...more

White & Case LLP

A View from Abroad: Unpacking DOJ’s M&A Safe Harbor Policy, Part II

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On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

Holland & Knight LLP

The Safer Seas Act: The New Wave of Compliance Obligations

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The U.S. maritime industry is steeped in tradition and sometimes takes a conservative approach to change. Even when the industry has protocols in place to ensure safety of mariners, in some cases it takes an act of...more

White & Case LLP

Questions about the “Carrot” and “Stick” Remain: Unpacking DOJ’s new M&A Safe Harbor Policy, Part I

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On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

Parker Poe Adams & Bernstein LLP

Increased Importance of Corporate Compliance Rises With New Department of Justice Safe Harbor Policy

Compliance assessments can be a valuable tool during the mergers and acquisitions process, but the Department of Justice (DOJ) is incentivizing due diligence reviews under a newly announced policy. Deputy Attorney...more

Holland & Knight LLP

Understanding the Department of Justice's New Safe Harbor Policy

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Continuing its focus on incentivizing prompt and voluntary self-disclosure of criminal misconduct, Deputy Attorney General Lisa Monaco announced earlier this month a new U.S. Department of Justice (DOJ) Safe Harbor Policy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Corporate Compliance ‘Incentives’ Enter M&A World: DOJ Offers Lenience for Misconduct Disclosure During Deals

The U.S. Department of Justice (DOJ) is offering more lenient treatment to companies that voluntarily self-disclose misconduct of a company being acquired that comes to light during a mergers and acquisitions (M&A)...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - October 2023

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This marks the second issue of WilmerHale’s The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences, a monthly bulletin that will highlight developments in the antitrust and life sciences space. We will...more

Dorsey & Whitney LLP

Department of Justice Seeks to Reward Due Diligence and Timely Self-Disclosures in Mergers & Acquisitions Through New Safe Harbor...

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The United States Department of Justice (DOJ) recently announced a new department-wide Mergers & Acquisitions Safe Harbor Policy that protects acquiring companies that self-disclose criminal misconduct discovered at an...more

Latham & Watkins LLP

DOJ Announces Safe Harbor Policy for Voluntary SelfDisclosure of Criminal Misconduct Uncovered in M&A

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The policy expands upon DOJ’s efforts to encourage self-reporting of criminal violations discovered during M&A and other transactions. On October 4, 2023, US Deputy Attorney General Lisa Monaco announced a new Department...more

BakerHostetler

DOJ Announces Department-Wide Safe Harbor Policy for Voluntary Self-Disclosures Made in the Context of Mergers and Acquisitions

BakerHostetler on

In an important policy announcement aimed at rewarding robust due diligence and compliance programs, DOJ announced that acquiring companies that promptly and voluntarily disclose criminal misconduct discovered at the acquired...more

Miles & Stockbridge P.C.

DOJ Announces New Voluntary Safe Harbor Policy for Mergers & Acquisitions

Deputy Attorney General Lisa Monaco announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions on Wednesday. Pursuant to this new policy, the DOJ will not prosecute...more

Womble Bond Dickinson

DOJ Unveils New M&A Safe Harbor Policy & Signals Resource Surge

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Over the last two years, the Department of Justice (DOJ) has announced numerous policy changes on corporate criminal enforcement policies, which were largely based on a self-described “carrot and sticks” approach (“a mix of...more

Nelson Mullins Riley & Scarborough LLP

The Other Shoe Drops: What the FTC’s Withdrawal of Long-Standing Antitrust Guidance in the Healthcare Industry and the Demise of...

With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from two healthcare antitrust enforcement...more

K&L Gates LLP

FTC Joins DOJ in Withdrawing from Long-Standing Health Care Antitrust Policy Statements

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On 14 July 2023, the Federal Trade Commission (FTC) joined the Department of Justice Antitrust Division (DOJ) in withdrawing from three long-standing antitrust policy statements related to enforcement in the health care...more

Bradley Arant Boult Cummings LLP

FTC Announces Withdrawal of Healthcare Policy Statements

As Bradley forecasted in February, the Federal Trade Commission (FTC) recently announced the withdrawal of two healthcare antitrust policy statements: Statements of Antitrust Enforcement Policy in Health Care (1996) and...more

Stevens & Lee

FTC Follows DOJ and Withdraws Antitrust Policy Statements

Stevens & Lee on

On July 14, the Federal Trade Commission (“FTC”), as anticipated, announced that it was withdrawing two antitrust policy statements related to enforcement in health care markets: • Statements of Antitrust Enforcement Policy...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

Cadwalader, Wickersham & Taft LLP

US Attorneys’ Offices Issue New Voluntary Self-Disclosure Policy As Efforts to Incentivize More Self-Reporting Continue

On February 22, 2023, the United States Attorneys’ Offices (USAO) issued a new Voluntary Self-Disclosure (VSD) Policy, which is effective immediately. The policy follows the revisions announced last month to the Department of...more

Williams Mullen

DOJ Withdraws Antitrust Guidance on Information Exchanges

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The DOJ Antitrust Division recently announced that it was withdrawing decades-old guidance regarding how the Division would view information exchanges under the antitrust laws....more

K&L Gates LLP

DOJ Withdraws Long-Standing Health Care Antitrust Policy Statements

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On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced its withdrawal of three long-standing antitrust policy statements related to enforcement in the health care industry. The policy...more

Orrick, Herrington & Sutcliffe LLP

Antitrust Enforcement in Health Care: Increased Scrutiny Likely After DOJ Withdraws Policy Statements

The Department of Justice (DOJ) recently withdrew three longstanding health care focused antitrust enforcement policy statements that had provided certain “safety zones” for mergers, joint ventures, group purchasing, and...more

McDermott Will & Emery

DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations

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On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more

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