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
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 2024 ABA/IBA International Cartel Workshop in Barcelona, Spain just wrapped up after three days full of demonstrations around a cartel hypothetical, substantive panels, and discussions with cartel enforcement officials...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
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
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
Earlier this month, on the eve of the ABA Antitrust Spring Meeting, the Department of Justice Antitrust Division rolled out significant updates to its Leniency Program, most readily discernible through an augmented,...more
The U.S. Department of Justice (DOJ) recently revised its Antitrust Division Leniency Policy and Procedures and has published updated guidance in the form of FAQs...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, Assistant Attorney General (AAG) Jonathan Kanter delivered remarks at the 2022 Competition Enforcers Summit with the Federal Trade Commission (FTC), announcing changes to the Antitrust Division’s (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
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, 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
No matter how novel a scheme about “coordinating” with competitors to instill “discipline” in the market may seem, odds are that the antitrust enforcers have seen it before and eventually will prosecute it. Take the recent...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
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
In February 2020, at the 13th International Cartel Workshop, Deputy Assistant Attorney General (DAAG) Powers provided some insight as to the DOJ’s current views about the Antitrust Division’s Leniency Program. The headline:...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
The Justice Department announced this week the formation of a new Procurement Collusion Strike Force, which will focus on “deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies...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
On July 11, 2019, the Department of Justice (“DOJ”) Antitrust Division announced a new policy to encourage companies to invest in comprehensive and effective antitrust compliance programs. The Antitrust Division’s new policy...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