Powerhouse Points: An Effective Antitrust Compliance Program: Guidance From A Recent Criminal Prosecution

Powerhouse Points:

• An effective antitrust compliance program should be incorporated in a company's business practices and internal controls.
• Tone at the top is critical.
• Senior management must be held accountable.
• The importance of the antitrust compliance program should be reflected in the company's employee evaluation, incentive, and compensation systems.
• Antitrust compliance training should be tailored to the company's business.

An antitrust violation can be costly for a company. It can subject the company to criminal fines. Executives may even be sentenced to jail. If the company does business with a federal or state agency, it may be subject to debarment, prohibiting the company from being awarded government business. It may have to make restitution to the victims of the violation. And the company may be subject to civil treble damage class actions. Finally, an antitrust violation can do significant damage to a company's reputation.