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ARTICLE · 27 DECEMBER 2024

DOJ Antitrust Division Updates Its Corporate Compliance Guidance

Davis Polk & Wardwell
Explore more from Davis Polk & Wardwell

The Antitrust Division of the Department of Justice has updated its 2019 Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations. The changes bring the guidance in line with recent changes.

United StatesAntitrust/Competition Law
Sheila Adams James
Sheila Adams James
Jarrett Arp
Jarrett Arp
Leigh Terry Brinkerhoff
Leigh Terry Brinkerhoff
Arthur Burke
Arthur Burke
Tatiana Martins
Tatiana Martins
Howard Shelanski
Howard Shelanski
Caroline Ziser Smith
Caroline Ziser Smith

The Antitrust Division of the Department of Justice has updated its 2019 Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations. The changes bring the guidance in line with recent changes to the DOJ Criminal Division's compliance guidance, but also offer new guidance for civil antitrust cases.

On November 12, 2024, the Antitrust Division of the Department of Justice (DOJ) released an update to its 2019 Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (the Guidance). The Guidance provides insight into how prosecutors will assess antitrust compliance programs at the charging and sentencing stage. The Guidance is intended to be consistent with the DOJ Criminal Division's Evaluation of Corporate Compliance Programs (ECCP), and reflects similar updates made to the ECCP in September 2024. For the first time, the Guidance notes that companies should expect DOJ to consider many of the same factors when evaluating a

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