The Department of Justice recently celebrated the fifth anniversary of its Procurement Collusion Strike Force (PCSF), and all signs point to the PCSF continuing to be a Division priority into 2025 and beyond....more
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
The subject of corporate leniency as a tool for combating criminal conduct seems to be top of mind for federal prosecutors. In the last few months, the Deputy Attorney General, Lisa Monaco, and senior enforcers in the...more
The DOJ Antitrust Division recently announced new requirements for DOJ's Leniency Program, which allows the first individual or company to self-report its involvement in an antitrust conspiracy to avoid prosecution and lessen...more
On April 4, 2022, the Department of Justice (“DOJ”) Antitrust Division (the “Division”) announced important policy and practice changes to its leniency program (the “Leniency Program”) — the first substantive changes to the...more
The U.S. Department of Justice’s Antitrust Division reaffirmed its endorsement of leniency initiatives both on the domestic and international front by lauding congressional efforts to reauthorize the Antitrust Criminal...more
Happy New Year!! In the FCPA arena, 2019 was a record year – in enforcement and compliance. Many continuing trends are becoming more than trends – meaning they are turning into established practices....more
On October 17, the United States Senate passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019 (“CAARA”). If enacted, it would amend the 2004 Antitrust Criminal Penalty Enhancement and Reform Act, which limited...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
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
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
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
Plaintiff - and defense - side lawyers propose differing reforms to protect companies that decide to apply for leniency. On April 11, 2019, the Department of Justice Antitrust Division assembled a roundtable to discuss the...more
Richard A. Powers has recently joined the Department of Justice (DOJ) Antitrust Division as the acting deputy assistant attorney general (DAAG) for criminal enforcement and is expected to take on the role permanently. This is...more
The Department of Justice (DOJ or Department) released updated guidance on the Antitrust Division’s Leniency Program, on January 17, 2017. The Leniency Program allows corporations and individuals who self-report their cartel...more
The Supreme Court of Canada released a decision today regarding judicial intervention with jointly recommended criminal sentences following a guilty plea. The SCC adopted a high threshold which will be welcome news to those...more
Earlier today, the Crown stayed charges against Nestlé Canada Inc. and one of the company’s former executives, in the long-standing prosecution of Canadian chocolate manufacturers under section 45 of the Competition Act. This...more
The Department of Justice’s far-reaching criminal investigation into the alleged electronic capacitor cartel has borne fruit – NEC Tokin Corporation agreed to plead guilty and pay a $13.8 million criminal fine for conspiring...more
With all the attention paid to anti-corruption enforcement and compliance, it always amazes me how successful the Department of Justice criminal antitrust enforcement program has been and will continue to be. Starting in the...more