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, 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. Continue reading