News & Analysis as of

Antitrust Division Corporate Misconduct

Sheppard Mullin Richter & Hampton LLP

New DOJ Antitrust Postal Whistleblower Rewards Program: A Look Under the Shiny Hood

On Tuesday, July 8, the DOJ Antitrust Division announced a first-of-its-kind Antitrust Whistleblower Rewards Program (the “Program”). But the Program’s fine print suggests it may not be as lucrative for whistleblowers as it...more

Patterson Belknap Webb & Tyler LLP

DOJ’s Updated Guidance for Corporate Compliance Programs Provides Insight on Criminal Antitrust Priorities

The Antitrust Division of the Department of Justice issued updated Guidance in November on the evaluation of corporate compliance programs in criminal antitrust investigations.  The 2024 Compliance Guidance continues to...more

Dorsey & Whitney LLP

DOJ Antitrust Division Issues Updated Guidance on Evaluating Corporate Compliance Programs

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In recently released updated guidance, the Antitrust Division (“Antitrust Division”) of the U.S. Department of Justice (“DOJ”) outlined how its prosecutors will assess corporate compliance programs when conducting criminal...more

Latham & Watkins LLP

Antitrust Division’s Updated Guidance on Evaluating Corporate Compliance Programs - Key Features and Takeaways

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The guidance stresses heightened focus on emerging antitrust risks, enhanced support and incentives, and proactive monitoring. On November 12, 2024, the Antitrust Division of the US Department of Justice (the Antitrust...more

Axinn, Veltrop & Harkrider LLP

Axinn at the 2024 ABA White Collar Crime Conference

The 2024 ABA White Collar Crime Conference in San Francisco was filled with insightful discussion on hot topics in recent U.S. criminal enforcement as Department of Justice enforcers offered views into current and future...more

White & Case LLP

A View from Abroad: Unpacking DOJ’s M&A Safe Harbor Policy, Part II

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On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

White & Case LLP

Questions about the “Carrot” and “Stick” Remain: Unpacking DOJ’s new M&A Safe Harbor Policy, Part I

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On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

Holland & Knight LLP

Safe Harbor Policy Bolsters Case for Strong Environmental Due Diligence in M&A Transactions

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The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure...more

Axinn, Veltrop & Harkrider LLP

A New Port in a Storm: Comparing the M&A Safe-Harbor Policy With Leniency

DOJ’s announcement of a safe harbor for voluntary self-disclosure in the context of acquisitions is the latest policy change in support of its effort to incentivize compliance, empower compliance professionals, and make...more

Holland & Knight LLP

Understanding the Department of Justice's New Safe Harbor Policy

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Continuing its focus on incentivizing prompt and voluntary self-disclosure of criminal misconduct, Deputy Attorney General Lisa Monaco announced earlier this month a new U.S. Department of Justice (DOJ) Safe Harbor Policy...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Corporate Compliance ‘Incentives’ Enter M&A World: DOJ Offers Lenience for Misconduct Disclosure During Deals

The U.S. Department of Justice (DOJ) is offering more lenient treatment to companies that voluntarily self-disclose misconduct of a company being acquired that comes to light during a mergers and acquisitions (M&A)...more

Dorsey & Whitney LLP

Department of Justice Seeks to Reward Due Diligence and Timely Self-Disclosures in Mergers & Acquisitions Through New Safe Harbor...

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The United States Department of Justice (DOJ) recently announced a new department-wide Mergers & Acquisitions Safe Harbor Policy that protects acquiring companies that self-disclose criminal misconduct discovered at an...more

Lowenstein Sandler LLP

DOJ Announces New Safe Harbor Policy for Reporting of Misconduct in Connection With M&A Transactions

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On Oct. 4, Deputy Attorney General Lisa Monaco (DAG Monaco) announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions (the Safe Harbor Policy). At the outset of her...more

BakerHostetler

DOJ Announces Department-Wide Safe Harbor Policy for Voluntary Self-Disclosures Made in the Context of Mergers and Acquisitions

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In an important policy announcement aimed at rewarding robust due diligence and compliance programs, DOJ announced that acquiring companies that promptly and voluntarily disclose criminal misconduct discovered at the acquired...more

Eversheds Sutherland (US) LLP

DOJ incentivizes self-reporting with new M&A Safe Harbor Policy

On October 4, 2023, US Deputy Attorney General (DAG) Lisa Monaco announced that the US Department of Justice (DOJ) is adopting a new Mergers & Acquisitions Safe Harbor Policy, incentivizing companies to voluntarily disclose...more

Paul Hastings LLP

Safe Harbor in the Coming Enforcement Storm? DOJ Announces New M&A Policy to Encourage Compliance

Paul Hastings LLP on

On October 4, 2023, Deputy Attorney General Lisa Monaco (the “DAG”) announced a new Mergers & Acquisitions (“M&A”) Safe Harbor Policy issued by the Department of Justice (“DOJ”) as part of her comments detailing increased...more

WilmerHale

DOJ Announces New Mergers & Acquisitions Safe Harbor Policy

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On October 4, 2023, Deputy Attorney General Lisa Monaco announced a new safe harbor policy that may shield companies from criminal prosecution for misconduct they uncover at companies they are acquiring or have recently...more

Miles & Stockbridge P.C.

DOJ Announces New Voluntary Safe Harbor Policy for Mergers & Acquisitions

Deputy Attorney General Lisa Monaco announced a new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions on Wednesday. Pursuant to this new policy, the DOJ will not prosecute...more

Womble Bond Dickinson

DOJ Unveils New M&A Safe Harbor Policy & Signals Resource Surge

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Over the last two years, the Department of Justice (DOJ) has announced numerous policy changes on corporate criminal enforcement policies, which were largely based on a self-described “carrot and sticks” approach (“a mix of...more

McDermott Will & Emery

[Webinar] Compliance AI + Smart Lawyering: Maximizing Data to Stay Ahead of the DOJ’s Key Enforcement Areas - July 20th, 12:00 pm...

The US Department of Justice (DOJ) now has more ammunition and resources than ever to use data analytics in their investigations. The convergence of better technology, increasingly usable data sets, and the ripe combination...more

The Volkov Law Group

DOJ Indicts Former CEO of Cancer Treatment Company for Conspiracy

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The Justice Department’s Antitrust Division’s criminal enforcement program is having a strong year.  Since completing its long-term and record-setting prosecution of Japanese auto parts suppliers, the Antitrust Division...more

Cozen O'Connor

DOJ Antitrust Division Endorses International Cooperation in Cartel Investigations

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In July 2020, the Antitrust Division of the U.S. Department of Justice (Antitrust Division) applauded the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price...more

Vinson & Elkins LLP

DOJ Reaffirms Commitment To Leniency Initiatives: Antitrust Division Applauds Reauthorization Of ACPERA And New International...

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The U.S. Department of Justice’s Antitrust Division reaffirmed its endorsement of leniency initiatives both on the domestic and international front by lauding congressional efforts to reauthorize the Antitrust Criminal...more

Womble Bond Dickinson

Senate Bolsters Protections for Antitrust Whistleblowers

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On October 17, the United States Senate passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019 (“CAARA”). If enacted, it would amend the 2004 Antitrust Criminal Penalty Enhancement and Reform Act, which limited...more

Thomas Fox - Compliance Evangelist

Antitrust Compliance Programs: Part 2 – Elements of an Effective Compliance Program (Elements 1-4)

As the third in a triumvirate of releases on compliance programs, the Department of Justice (DOJ) Antitrust Division, in July the released its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations...more

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