All That Glitters – A Look Back at the Antitrust Division’s Evaluation of Corporate Compliance Programs and What to Expect

In July 2019, the Antitrust Division issued the first written guidance for the evaluation of corporate antitrust compliance programs. Also, for the first time, the Division noted that a robust compliance program would be considered at the charging stage meaning a company could receive favorable treatment based on its compliance program. The Division’s new policy took inspiration from the Criminal Division’s existing guidelines. In June 2020, the Criminal Division updated its compliance guidelines, providing insight into potential future changes the Antitrust Division may make to its own guidelines under the Biden Administration. However, even with an emphasis on strong compliance programs and the rise in deferred prosecution agreements that were posed to reward such programs, the Antitrust Division has yet to publicly highlight a company’s corporate compliance program for the business community to emulate.

By Craig Lee & Alexandra Glazer [1]

In July 2019, the Antitrust Division of the Department of Justice issued its first guidelines for the evaluation of corporate compliance programs.[2] The guidelines were groundbreaking as the Division’s first written policy advising on the importance and benefits of a robust internal compliance program in criminal antitrust investigations. In a major change of course, the Division noted that it would begin to “consider compliance at the charging stage,” meaning a company could potentially avoid being charged