Antitrust Compliance 2.0: Insights From The DOJ's Updated Guidance

On November 12, 2024, the Antitrust Division of the U.S. Department of Justice (DOJ) issued updated guidance for evaluating corporate compliance programs in criminal antitrust investigations. Although primarily directed at criminal prosecutors, the 2024 guidance also expressly indicates that companies should expect the civil team to use many of the same factors to evaluate the effectiveness of compliance programs for purposes of civil antitrust violations. These updates build on the DOJ's July 2019 guidance, focusing on key elements of effective compliance programs that prosecutors should consider when determining whether to bring charges.

The 2024 guidance reiterates that prosecutors should evaluate the following factors, as applicable, when assessing the effectiveness of an antitrust compliance program: (1) program design and comprehensiveness; (2) company-wide culture of compliance; (3) responsibility for and resources dedicated to compliance; (4) antitrust risk