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Risk Assessment Antitrust Provisions

Cadwalader, Wickersham & Taft LLP

Corporate Compliance Programs: Updated DOJ Guidance in Antitrust Investigations

The Department of Justice (Department or DOJ) considers the “adequacy and effectiveness of [a] corporation’s compliance program” as a factor in “conducting an investigation of a corporation, determining whether to bring...more

Dorsey & Whitney LLP

DOJ Antitrust Division Issues Updated Guidance on Evaluating Corporate Compliance Programs

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In recently released updated guidance, the Antitrust Division (“Antitrust Division”) of the U.S. Department of Justice (“DOJ”) outlined how its prosecutors will assess corporate compliance programs when conducting criminal...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

Axinn, Veltrop & Harkrider LLP

Takeaways from the FTC’s Victory in the Tapestry/Capri “Accessible Luxury Handbags” Merger Challenge

Many observers viewed the FTC’s case challenging the Tapestry/Capri merger based on a relevant product market of “accessible luxury handbags” with skepticism. The market definition seemed (and still seems) gerrymandered to...more

Troutman Pepper Locke

FTC Wins Preliminary Injunction of "Accessible Luxury" Handbag Transaction

Troutman Pepper Locke on

A New York federal court’s recent decision to enjoin the merger of two fashion companies gave the Federal Trade Commission (FTC) and the 2023 Merger Guidelines a boost. Since the issuance of the draft merger guidelines in...more

Epiq

Webinar Takeaways: Managing Antitrust Risk When Using Artificial Intelligence — a US Perspective

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Artificial Intelligence (AI) can help corporations create operational efficiencies, enhance customer experiences, optimize business strategies, significantly reduce costs, and increase profitability. However, using AI tools...more

ArentFox Schiff

DOJ Statement of Interest Offers Reminder for Trade Associations

ArentFox Schiff on

The US Department of Justice (DOJ) recently issued a Statement of Interest that underscores the need for careful evaluation of every survey and other information exchange managed by trade associations for the unique risks to...more

Jones Day

New SPC Judicial Interpretation in China Widens Path for Private Antitrust Litigation

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The Development: China's Supreme People's Court ("SPC") recently released a Judicial Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct...more

Morrison & Foerster LLP

UK CMA Provides First Insights into the Application of UK Merger Control Rules to AI Partnerships

The UK Competition & Markets Authority (“CMA”) has published the first in a series of anticipated merger control decisions in the artificial intelligence (“AI”) space, providing insight on its approach to the application of...more

Venable LLP

Tuna Price-Fixing Summary Judgment Decision Is a Warning to Private Equity

Venable LLP on

A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the...more

Morgan Lewis - All Things FinReg

The Antitrust Risk of the Federal Banking Agencies’ Proposed Risk Management Guidance

As highlighted previously, three federal banking agencies (the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency) recently issued proposed risk management...more

Society of Corporate Compliance and Ethics...

[Webinar] Antitrust Compliance 2.0: Tackling the Toughest Parts of the DOJ Compliance Program Guidance - March 18th, 12:00 pm -...

Learning Objectives: - Examine in detail the latest U.S. Department of Justice Antitrust Division compliance guidance - Understand the DOJ’s expectations with respect to risk assessments, auditing and monitoring,...more

Latham & Watkins LLP

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

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M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more

Hogan Lovells

DOJ Continues False Claims Act Enforcement in Transportation Industry

Hogan Lovells on

Two recent False Claims Act (FCA) settlements between the Department of Justice (DOJ) and transportation companies point to the continuation of a recent trend by the DOJ to use the FCA as a significant enforcement tool...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 5 – What it Means for the ABC Compliance Professional

Over the past few blog posts I have been ruminating on the Department of Justice (DOJ) Antitrust Division’s recent release of its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Antitrust...more

Thomas Fox - Compliance Evangelist

Antitrust Compliance Programs: Part 2 – Elements of an Effective Compliance Program (Elements 1-4)

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

Foley & Lardner LLP

Navigating the Aggressive Enforcement of International Regulations: Eight Compliance Tips for Auto Companies

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We are now two years into the current presidential administration and regulators have imposed three of the ten largest Foreign Corrupt Practices Act penalties in history and the largest export controls penalty of all time....more

The Volkov Law Group

Focusing Antitrust Compliance Programs on the Real Criminal Risks (Part II of II)

The Volkov Law Group on

As chief compliance officers realize the importance of criminal antitrust compliance, it is important to identify the real risk factors. All too often we get lost in the mumbo-jumbo (a technical term, I know) of compliance,...more

Jones Day

Global Merger Control Update - May 2017

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This is the quarterly Jones Day Global Merger Control Update, which will discuss recent developments in existing regimes and the emergence of new merger control regimes worldwide. In recent years, there has been a surge...more

Thomas Fox - Compliance Evangelist

Four Things Compliance Practitioner Should Know About the Eurasian Economic Union

Four Things Compliance Practitioner Should Know About the Eurasian Economic Union - An effective Compliance risk management at emerging markets for any business significantly depends on timeous observation of changes in...more

Thomas Fox - Compliance Evangelist

Forecasting, Risk Management and Compliance

When I was in the corporate world, I cannot begin to recall the number of times senior management had an overly optimistic forecast regarding some transaction; whether the transaction was the purchase of a smaller company, a...more

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