Category Archives: Antitrust

Department of Justice Offers Incentive for Antitrust-Based Corporate Compliance

by Michael W. Peregrine and Mary N. Strimel

Board-level audit and compliance committees should support efforts to revise the organizational compliance plan to incorporate specific provisions focused on antitrust law-related guidelines.  This is especially important given the Department of Justice’s (“DOJ”) plans to credit pre-existing compliance programs that incorporate such provisions.  A company’s General Counsel, perhaps teaming with the Chief Compliance Officer, can support the committee in this initiative.

In a recent speech,[1] Principal Deputy Assistant Attorney General (“DAAG”) Andrew Finch stated that the Antitrust Division is examining whether, and to what extent, to recognize and credit pre-existing compliance programs, potentially during charging or at sentencing.  This consideration might mirror the approach taken by the Canadian Competition Bureau, which announced last month that it would recommend fine discounts of up to 20% for companies that have a “credible and effective” compliance program.[2]  Continue reading

Are Cartel Participants Rogues?

by Harry First*

Corporations sometimes argue that individuals who engage in cartel behavior are “rogues,” a term often used in two different ways. One is the dictionary sense of a “rascal or scoundrel,” one who “wanders apart from the herd” or varies “markedly from the standard.” The other is a low-level employee who participates in cartel behavior out of view of management. Deterring such people requires an understanding of the psychology of rogue behavior, but it is the rogue who is at fault, not the corporation. Indeed, it is this conclusion that makes “rogues” so attractive an explanation to corporations. Continue reading