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Corporate Governance Antitrust Division

Skadden, Arps, Slate, Meagher & Flom LLP

Tell Us Something We Don’t Know: The DOJ Antitrust Division Is Now Rewarding Whistleblowers

- What is new: DOJ’s Antitrust Division announced its Whistleblower Rewards Program, which offers up to 30% of criminal fines over $1 million to individuals reporting original information about eligible antitrust and related...more

Perkins Coie

Antitrust Compliance Programs: Worth Their Weight in Gold Under Any Administration

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Corporate compliance programs are essential tools for mitigating antitrust risk. With the transition to the Trump administration, organizations should consider developing and empowering their corporate compliance programs...more

Jenner & Block

Jenner & Block Japan Newsletter - January 2025

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Welcome to the January 2025 edition of the Jenner & Block Japan Newsletter, a publication containing updates about legal developments in the United States that may be noteworthy to our clients and other leaders in the...more

Skadden, Arps, Slate, Meagher & Flom LLP

2025 Insights: A First Look at Trump’s Second Term

As we step into a new year, the potential shifts under a second Trump administration loom large. Our 2025 Insights publication analyzes the impacts these changes could have on both U.S. and global business environments,...more

BCLP

Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability

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On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more

McCarter & English Blog: Government Contracts...

Antitrust Corporate Compliance Programs: Late 2024 Changes Mean Companies Should Revisit Their Programs Early in 2025

The US Department of Justice Antitrust Division (DOJ or Division) recently released a revised Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Guidance). The Guidance reflects how the Division...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

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The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

Skadden, Arps, Slate, Meagher & Flom LLP

ESG: A Review of 2024 and Key Trends To Look for in 2025

In this article, we reflect on key trends in ESG over the second half of 2024 and look ahead at trends that may emerge in 2025. We analyze developments in the latter half of 2024, which were similar to those highlighted in...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

Cadwalader, Wickersham & Taft LLP

Corporate Compliance Programs: Updated DOJ Guidance in Antitrust Investigations

The Department of Justice (Department or DOJ) considers the “adequacy and effectiveness of [a] corporation’s compliance program” as a factor in “conducting an investigation of a corporation, determining whether to bring...more

A&O Shearman

Antitrust in focus - November 2024

A&O Shearman on

New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

Mayer Brown

DOJ Antitrust Division’s Latest Compliance Guidance: Now Covering Civil Implications, Whistleblowing, Ephemeral Messaging, and AI

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The US Department of Justice’s (DOJ) Antitrust Division recently updated its guidance explaining how it currently evaluates, and will evaluate going forward, companies’ antitrust compliance programs when making criminal...more

DLA Piper

DOJ’s Updated Antitrust Compliance Guidance Focuses on AI, Ephemeral Messaging, and Whistleblower Protections

DLA Piper on

The US Department of Justice (DOJ)'s Antitrust Division recently updated its guidance on the evaluation of corporate compliance programs for criminal antitrust violations (the Antitrust ECCP), which federal prosecutors use to...more

Paul Hastings LLP

DOJ’s Antitrust Division Updates Guidance on Corporate Compliance Programs

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On November 12, 2024, the Department of Justice (DOJ) Antitrust Division (Division) updated its guidance on how prosecutors will evaluate corporate antitrust compliance programs for the first time since 2019. The Division’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Federal Prosecution Highlights Risks of Receiving Competitors’ Confidential Information From a Customer

On September 30, 2024, the DOJ announced that Siemens Energy, Inc., pleaded guilty to a federal fraud charge and agreed to pay a $104 million fine for rigging a bid by using rivals’ bidding information wrongfully obtained...more

K&L Gates LLP

FTC Issues Final HSR Rules Transforming the Merger Review Process

K&L Gates LLP on

On 10 October 2024, the Federal Trade Commission (FTC) issued final changes to the rules implementing the Hart-Scott-Rodino Act (HSR). In announcing the final rule, the FTC stated that it is “responding to changes in...more

A&O Shearman

Antitrust in focus - September 2024

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. James Webber (partner based in London) and Jess Bowring (counsel based in London) are our editors this month. They...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2024

Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI-Enabled Compliance: Keeping Pace With the Feds

The potential for artificial intelligence (AI) to transform business has commanded enormous attention over the past year. Little noted, however, is the U.S. government’s increasing — and increasingly sophisticated — use of AI...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

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The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate Trends and Financing - March 2024

Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms With antitrust and other regulators scrutinizing mergers more closely, it is crucial for companies to negotiate terms to mitigate and...more

McDermott Will & Emery

California DOJ Plans to Use Cartwright Act to Revive Criminal Enforcement Efforts

McDermott Will & Emery on

On March 6, 2024, Paula Blizzard, the California Department of Justice’s antitrust chief, announced on a panel at the American Bar Association’s National Institute on White Collar Crime that the California Attorney General’s...more

Vinson & Elkins LLP

White House’s “Strike Force on Unfair and Illegal Pricing” Advances an Old Antitrust Agenda Under a New Name

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On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more

Fenwick & West LLP

Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Fenwick & West LLP on

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more

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