DOJ Warning About Corporate Compliance Programs, Probation, And External Compliance Monitors

The U.S. Department of Justice, as part of a new policy focus, expects companies to establish compliance programs or risk probation and external corporate monitors in antitrust matters.

Recently, the U.S. Department of Justice (DOJ) announced a significant policy focus on the need for effective corporate compliance programs in antitrust matters. The DOJ expects that companies will operate effective compliance programs or they will risk the consequences for failing to do so. Assistant Attorney General Bill Baer, who leads the DOJ Antitrust Division, made this unmistakably clear by warning: "We reserve the right to insist on probation, including the use of [corporate] monitors, if doing so is necessary to ensure an effective compliance program and to prevent recidivism."¹