New Policy from DOJ to Incentivize Corporate Compliance

“The Antitrust Division is committed to rewarding corporate efforts to invest in and instill a culture of compliance,” said Assistant Attorney General Delrahim. “The Division’s Leniency Policy has long provided the ultimate credit for effective antitrust compliance programs. Beyond leniency, recently we have credited prospective compliance efforts at sentencing. Crediting compliance at charging is the next step in our continued efforts to deter antitrust violations and reward good corporate citizenship.”

en flag
nl flag
fr flag
de flag
pt flag
es flag

Press Announcement

Antitrust Division Announces New Policy to Incentivize Corporate Compliance

During remarks today [July 11, 2019], Assistant Attorney General Makan Delrahim announced the Antitrust Division’s new policy for incentivizing antitrust compliance. For the first time, the Division will consider compliance at the charging stage in criminal antitrust investigations, a change which is reflected in the Justice Manual. The Division also announced revisions to its Manual and published a document to guide prosecutors’ evaluation of corporate compliance programs at the charging and sentencing stage.

“The Antitrust Division is committed to rewarding corporate efforts to invest in and instill a culture of compliance,” said Assistant Attorney General Delrahim. “The Division’s Leniency Policy has long provided the ultimate credit for effective antitrust compliance programs. Beyond leniency, recently we have credited prospective compliance efforts at sentencing. Crediting compliance at charging is the next step in our continued efforts to deter antitrust violations and reward good corporate citizenship. We also remain dedicated to predictability and transparency. As such, in concert with today’s policy changes, the Division issued a public guidance document that outlines what prosecutors look for when evaluating antitrust compliance programs.”

The Justice Manual previously explained the Antitrust Division’s policy “that credit should not be given at the charging stage for a compliance program.” That text has been deleted.

The Division also updated its Manual. The revisions address evaluating compliance programs at the charging and sentencing stage, and Division processes for recommending indictments, plea agreements, and selecting monitors.

For the first time, the Division also published a guidance document that focuses on evaluating compliance programs in the context of criminal violations of the Sherman Act. It is intended to assist Division prosecutors in their evaluation of compliance programs at both the charging and sentencing stage of investigations, and to provide compliance officers and the public greater transparency of the Division’s compliance analysis. To that end, it contains two sections: the first relates to evaluating antitrust compliance programs at the charging stage, and the second addresses compliance considerations at sentencing.

Read the complete release at Antitrust Division Announces New Policy to Incentive Corporate Compliance

Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations – July 2019

 

Additional Reading

Source: ComplexDiscovery

Have a Request?

If you have information or offering requests that you would like to ask us about, please let us know and we will make our response to you a priority.

ComplexDiscovery is an online publication that highlights data and legal discovery insight and intelligence ranging from original research to aggregated news for use by business, information technology, and legal professionals. The highly targeted publication seeks to increase the collective understanding of readers regarding data and legal discovery information and issues and to provide an objective resource for considering trends, technologies, and services related to electronically stored information.

ComplexDiscovery OÜ is a technology marketing firm providing strategic planning and tactical execution expertise in support of data and legal discovery organizations. Registered as a private limited company in the European Union country of Estonia, one of the most digitally advanced countries in the world, ComplexDiscovery OÜ operates virtually worldwide to deliver marketing consulting and services.

A (Brand) New Approach? Considering the Framework and Structure of eDiscovery Offerings

Today’s eDiscovery providers may benefit from the lessons learned in the creation of the Sgt. Pepper’s Lonely Hearts Club Band album by creating a concept for branding and packaging their offerings within that brand in a connected, theme-based way that represents the offerings’ promise and capability in a way that is easy to understand and remember.

This fictionalized branding approach was developed from the intellectual exercise of trying to figure out a reasonable and memorable way to descriptively highlight the promise and capabilities of offerings typically delivered by full-service eDiscovery providers. It may not be completely comprehensive or fully normalized. However, the hope of sharing this branding example is that it might help those involved in the branding and communication of eDiscovery provider services and solutions.

eDiscovery Mergers, Acquisitions, and Investments in 2020

Since beginning to track the number of publicly highlighted merger, acquisition,...

Relativity Acquires VerQu

According to Relativity CEO Mike Gamson, "It's imperative that the legal...

eDiscovery Mergers, Acquisitions, and Investments in Q4 2020

From Nuix and DISCO to Exterro and AccessData, the following findings,...

DISCO Closes Funding Round of $100 Million

According to DISCO CEO Kiwi Camara, “Legaltech is booming now, and...

A New Era in eDiscovery? Framing Market Growth Through the Lens of Six Eras

There are many excellent resources for considering chronological and historiographical approaches...

An eDiscovery Market Size Mashup: 2020-2025 Worldwide Software and Services Overview

While the Compound Annual Growth Rate (CAGR) for worldwide eDiscovery software...

Resetting the Baseline? eDiscovery Market Size Adjustments for 2020

An unanticipated pandemeconomic-driven retraction in eDiscovery spending during 2020 has resulted...

Home or Away? New eDiscovery Collection Market Sizing and Pricing Considerations

One of the key home (onsite) or away (remote) decisions that...

Five Great Reads on eDiscovery for December 2020

May the peace and joy of the holiday season be with...

Five Great Reads on eDiscovery for November 2020

From market sizing and cyber law to industry investments and customer...

Five Great Reads on eDiscovery for October 2020

From business confidence and captive ALSPs to digital republics and mass...

Five Great Reads on eDiscovery for September 2020

From cloud forensics and cyber defense to social media and surveys,...

It’s a Match! Focusing on the Total Cost of eDiscovery Review with ReviewRight Match

As a leader in remote legal document review, HaystackID provides clients...

From Proactive Detection to Data Breach Reviews: Sensitive Data Discovery and Extraction with Ascema

A steady rise in the number of sensitive data discovery requirements...

A Running List: Top 100+ eDiscovery Providers

Based on a compilation of research from analyst firms and industry...

The eDisclosure Systems Buyers Guide – 2020 Edition (Andrew Haslam)

Authored by industry expert Andrew Haslam, the eDisclosure Buyers Guide continues...

A Lifting of the Fog? Winter 2021 eDiscovery Business Confidence Survey Results

This is the twenty-first quarterly eDiscovery Business Confidence Survey conducted by...

Orion Nebula
A Nebulous Outcome? The Winter 2021 eDiscovery Business Confidence Survey

The eDiscovery Business Confidence Survey is a nonscientific quarterly survey designed...

High Five? An Aggregate Overview of Five Semi-Annual eDiscovery Pricing Surveys

As we are in the midst of a pandemic that has...

Balancing Relevance and Reality? Winter 2021 eDiscovery Pricing Survey Results

Based on the complexity of data and legal discovery, it is...