{"id":22281,"date":"2019-12-10T10:30:22","date_gmt":"2019-12-10T10:30:22","guid":{"rendered":"https:\/\/federal-lawyer.com\/?page_id=22281"},"modified":"2025-04-03T10:04:36","modified_gmt":"2025-04-03T15:04:36","slug":"antitrust-compliance","status":"publish","type":"page","link":"https:\/\/federal-lawyer.com\/corporate-compliance\/antitrust-compliance\/","title":{"rendered":"Antitrust Compliance"},"content":{"rendered":"

Federal antitrust violations can lead to civil and criminal investigations and severe penalties. In 2019, the Antitrust Division of U.S. Department of Justice (DOJ) announced a new policy that incentivizes proactive compliance efforts, and it provided specific guidance on what companies need to do in order to avoid prosecution.<\/h2>\n\n\n
\"Dr.<\/a>
Attorney Nick Oberheiden<\/strong><\/a>
Antitrust Compliance Team Lead<\/figcaption>\"envelopeContact Nick<\/a><\/div><\/div>\n\n\n

Establishing compliance with federal antitrust laws is an essential aspect of implementing an effective corporate compliance program. These laws are enforced by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC)<\/a>, and both of these agencies devote substantial resources to investigating, targeting, and prosecuting companies suspected of a broad range of antitrust violations. With the potential for both civil and criminal enforcement, companies and their executive leaders can face substantial penalties for non-compliance.<\/p>\n\n\n

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Antitrust Compliance: Avoiding Scrutiny from the DOJ\u2019s Antitrust Division and the FTC<\/h2>\n

In 2019, the DOJ\u2019s Antitrust Division announced<\/a> the implementation of a new policy that is designed to incentivize corporate compliance in the antitrust realm. This new policy gives companies \u201ccredit\u201d for \u201cinvest[ing] in and instill[ing] a culture of compliance.\u201d In conjunction with announcing the new policy, the DOJ\u2019s Antitrust Division also released an 18-page guidance document, entitled \u201cEvaluation of Corporate Compliance Programs in Criminal Antitrust Investigations,\u201d that explains what the Antitrust Division will be looking for when deciding whether (and to what extent) to pursue charges and sentencing in cases of non-compliance.<\/p>\n

While the Antitrust Division\u2019s guidance is intended to assist companies in avoiding criminal sanctions for antitrust violations, the publication of the guidance also means that companies have little excuse for falling short of the DOJ\u2019s expectations. While companies that adhere to the guidance will receive credit for doing so, companies that do not adhere may face even greater admonition for not taking advantage of the resources that are publicly available.<\/p>\n

In addition, as the FTC\u2019s website explains<\/a>, its antitrust enforcement efforts largely target different issues than those monitored by the DOJ\u2019s Antitrust Division: \u201cIn some respects [the FTC\u2019s and Antitrust Division\u2019s] authorities overlap, but in practice the two agencies complement each other.\u201d While the Antitrust Division tends to focus its enforcement efforts in the areas of general corporate compliance and anticompetitive practices with criminal implications, the FTC, \u201cdevotes most of its resources to certain segments of the economy, including those where consumer spending is high.\u201d This includes, but is by no means limited to:<\/p>\n