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ARTICLE · 08 AUGUST 2019

Recent Department Of Justice Guidance On Antitrust Compliance Programs

Dickinson Wright PLLC
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On July 11, 2019, the Department of Justice Antitrust Division (DOJ) issued guidance with respect to significant changes to its incentive policies for antitrust compliance in the context of criminal antitrust investigations.

United StatesAntitrust/Competition Law
L. Pahl Zinn
L. Pahl Zinn
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On July 11, 2019, the Department of Justice Antitrust Division (DOJ) issued guidance with respect to significant changes to its incentive policies for antitrust compliance in the context of criminal antitrust investigations. For the first time, the DOJ will consider compliance programs at the charging stage in criminal antitrust investigations and may provide incentives to companies who have effective compliance programs in place. This modification involves revisions to the DOJ's Justice Manual as well the issuance of new guidance documents.

Out with the Old and In with the New

The Justice Manual previously referenced the DOJ's policy "that credit should not be given at the charging stage for a compliance program." Thus, the DOJ previously directed its attorneys not to consider complaince programs in criminal antitrust cases with respect to sentencing. Instead, the DOJ thought its leniency program incentivized companies to self-report any antitrust activity. Under

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