Ten Things To Know About The Antitrust Division's Updated Compliance Guidance

Earlier this week, the Antitrust Division updated its compliance guidance. The Division first issued guidance on its evaluation of corporate compliance programs in July 2019. This week's updates follow multiple updates to the Criminal Division's guidance and updates to the Justice Manual.

Much is the same. But ten additions warrant attention:

1. Use of communication platforms & personal devices: Like the Department and its own messaging, several additions relate to prosecutors' expectation that companies should have and enforce policies governing the use of personal devices and communication platforms that ensure business communications, however they occur, can be appropriately preserved. See Justice Manual § 9-28.800.