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ARTICLE · 26 JULY 2019

New DOJ Criminal Enforcement Policy Boosts Value Of Antitrust Compliance Programs

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The U.S. Department of Justice Antitrust Division recently announced significant revisions to its criminal enforcement policies regarding the value it places on a company's pre-existing antitrust compliance program.

United StatesAntitrust/Competition Law
Marc Siegel
Marc Siegel
Peter Julian
Peter Julian
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The U.S. Department of Justice Antitrust Division ("DOJ") recently announced significant revisions to its criminal enforcement policies regarding the value it places on a company's pre-existing antitrust compliance program. Longstanding DOJ policy denied credit to companies at the charging stage for a compliance program. Now, DOJ must consider a company's antitrust compliance program in making charging decisions and, in some cases, may offer Deferred Prosecution Agreements ("DPA") to companies that fail to qualify for leniency, but that have enacted effective antitrust compliance measures.

Under a DPA, a company can avoid criminal prosecution in exchange for cooperating with the DOJ's investigation, in addition to other substantial obligations. A qualifying compliance program must be "effective" and "robust" in the discretion of DOJ prosecutors. Factors that DOJ prosecutors weigh include:

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