The US Department of Justice’s (DOJ) Antitrust Division recently updated its guidance explaining how it currently evaluates, and will evaluate going forward, companies’ antitrust compliance programs when making criminal...more
The US Department of Justice (DOJ)'s Antitrust Division recently updated its guidance on the evaluation of corporate compliance programs for criminal antitrust violations (the Antitrust ECCP), which federal prosecutors use to...more
Latham’s Antitrust & Competition Practice provides insight on the current state of enforcement, including more expansive views of what constitutes a cartel, enhanced detection tools, and what to expect next....more
The Antitrust Division of the Department of Justice has quietly made a change to its Leniency Policy and Procedures (the “Leniency Policy”) that could impact companies involved in transactions that discover potential...more
Am 24. Oktober 2022 hat die Europäische Kommission („Kommission“) eine neue Handreichung veröffentlicht, die ihre Kronzeugenregelung für Kartellverfahren ergänzt. Das Dokument ist im FAQ-Format („Frequently Asked Questions“)...more
On October 25, 2022, the European Commission (EC) published additional guidance on cartel leniency applications, in the form of Frequently Asked Questions (FAQs). The FAQs do not change the standard for leniency applications...more
Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more
The US Department of Justice (DOJ) Antitrust Division announced significant guidance updates to its leniency program on April 4, 2022. Under the program, companies that self-report antitrust conspiratorial activity to the...more
The U.S. Department of Justice, Antitrust Division (Antitrust Division) announced several significant updates to its Leniency Policy on April 4, 2022. Under that policy, the first company or individual to report a criminal...more
Background: European Parliament and Council Directive (EU) 2019/1 ("ECN+") required EU Member States to adopt, by February 4, 2021, minimum standards related to national competition authority ("NCA") antitrust enforcement....more
In July 2020, the Antitrust Division of the U.S. Department of Justice (Antitrust Division) applauded the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price...more
Last month the Department of Justice’s Antitrust Division announced a landmark new policy to incentivize companies to develop robust antitrust compliance programs. For the first time, the Antitrust Division will now consider...more
For years the Antitrust Division of the Department of Justice resisted, in contrast to the Criminal Division, considering and awarding credit for companies' "robust" compliance programs....more
While the Department of Justice's enforcement and policy priorities change from administration to administration, one priority has not, dating to the Clinton era: The DOJ's Antitrust Division loves to prosecute price-fixing...more
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
On July 11, 2019, while addressing an audience at NYU School of Law, Assistant Attorney General Makan Delrahim announced new United States Department of Justice policies intended to promote robust antitrust compliance...more
On July 11, the U.S. Department of Justice rolled out a new policy to encourage stronger corporate antitrust compliance efforts. Announced by DOJ Antitrust Division head Makan Delrahim in remarks at the New York University...more
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
Read the latest news on antitrust, competition and economic regulation (ACER) in this Spring's edition of our quarterly ACER newsletter. ...more
In yet another major compliance development, the Justice Department announced the adoption of a new policy to credit effective compliance programs in resolving criminal cartel prosecutions against corporations....more
On 29 April 2019, the Hong Kong Competition Commission published its new "cooperation policy." In essence, the cooperation policy expands the authority's leniency program. The expansion occurs in two main directions. First,...more
The U.K. Financial Conduct Authority (FCA) has issued its first antitrust decision since obtaining competition law powers four years ago. The decision is a controversial one....more