DOJ Antitrust Division Compliance Guidance Addresses Evolving Technology And Criminal Division Priorities

On Nov. 12, 2024, the U.S. Department of Justice Antitrust Division released updated guidance on the "Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations." The guidance highlights several new areas of focus, including how compliance programs should take into account artificial intelligence (AI), algorithmic pricing, ephemeral messaging, monopolization, civil antitrust violations and protections for whistleblowers. Many of these updates parallel recent updates to the Criminal Division's guidance on compliance programs, which McGuireWoods summarized previously.

Purpose and Framework

The updated guidance serves as an aid to Antitrust Division prosecutors as they evaluate corporate compliance programs as part of their assessment of charging decisions and sentencing recommendations for criminal antitrust offenses. The guidance also provides a framework for companies seeking to design effective compliance programs that will prevent and