Does Your Compliance Policy Matter to the Antitrust Division?

It appears the Department of Justice may be changing its tune on what makes an "effective" compliance program. Recent statements by authorities at the DOJ's Antitrust Division signal a shift in tone for the agency, toward leniency and away from a strict, hard-line approach. Read more about the apparent change here and what it could portend for ...


Conducting An Antitrust Audit: A Primer

There are a number of “tells” indicative of anticompetitive conduct. If you’ve witnessed this behavior firsthand, or if you suspect that it’s going on, an antitrust audit is in order. This underused tool is often eschewed because it’s believed to be costly and disruptive, but the benefits of an antitrust audit in terms of risk avoidance can ...

hand picking person

Criminal FCPA Cases – Targeting Individuals

If the past is any indicator (and it normally is), the DOJ will continue to step up enforcement against individuals. This applies to ongoing investigations, forthcoming cases and even past corporate settlements, which the agency has been sifting through in order to bring individual criminal charges where none were brought originally.

dirty laundry

The Apple Monitorship: Airing Dirty Laundry

I am married to a lovely Sicilian-born woman. One thing her family has taught me: the value of family loyalty and love. That same principle does not apply when it comes to the relationship between the Apple monitor and Apple.

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The Trouble With Documents

Relatively speaking, the dust has barely settled on the highly publicized antitrust challenge to the merger of Whole Foods and Wild Oats by the Federal Trade Commission.

White Collar Investigations: What Lies Ahead?

It seems like white collar investigations and prosecutions—as well as related civil fraud or enforcement actions—are everywhere these days. From headline-grabbing insider trading cases in the Southern District of New York like Galleon and SAC Capital, to what seems like newly-unfolding FCPA ...

Antitrust Enforcement In The European Union – Muscles From Brussels

There was a big outcry when the proposed $9 billion tie-up between Deutsche Börse and NYSE Euronext, which would have resulted in the creation of the world’s largest equity and derivatives exchange, had been vetoed by EU competition regulators some weeks ago. It has always been the European Commission’s practice to flex it muscles when they […]

Effective Anti-Cartel Compliance Program

The Key For An Effective Anti-Cartel Compliance Program

How do we ensure that we have an effective corporate compliance program that fights the greatest antitrust risk, cartels? A core element of any effective program is to have someone in charge of the program who is empowered, autonomous, properly positioned and professional, with sufficient resources to do the job. (For further reading, see Leading […]