On July 11 the head of the Antitrust Division will give a presentation at NYU on incentives for compliance programs. Many of us believe the Division will finally endorse the role of compliance programs and make it clear that diligent programs do matter when it comes to enforcement decisions.… Continue Reading
Both anti-corruption law and competition law aim to create a level playing field and are complementary to each other in support of this aim. It’s interesting, then, to see how society reacts so differently to breaches in these fields, even though both are indispensable in reaching social welfare.… Continue Reading
There were reports last week that the DOJ is hiring a compliance expert. He or she will help evaluate whether to charge corporations that fail to detect and prevent wrongdoing by employees.… Continue Reading
Joe Murphy recently talked in a post on the FCPA Blog about antitrust concerns under U.S. law for competitors who band together to fight corruption. I’d like to explain how and why the antitrust issue can be mitigated.… Continue Reading
In his post yesterday about “business-side enforcement,” Mike Scher made some good points. But here’s one big reason why “collective action” has not caught on in the U.S.: antitrust. We antitrust lawyers are very nervous about clients meeting and talking with competitors. … Continue Reading
I recently read a decision by the UK’s Office of Fair Trading (now CMA) dealing with a competition law case. In the Lloyds Pharmacy/Tomms case the OFT put into action its policy on giving companies credit for having compliance programs.… Continue Reading
The DOJ said last week it collected $1.86 billion in criminal fines and penalties from antitrust prosecutions during the fiscal year that ended September 30, 2014.
Five companies paid penalties of more than $100 million each, including a $425 million criminal fine levied against Bridgestone Corp.,… Continue Reading
Law-related employment for grads from American law schools isn’t exactly robust. In 2013, the ABA Journal said, only 57 percent of the that year’s JDs had full-time bar-passage-required jobs.… Continue Reading
In the FCPA area we all know how important it is to have effective compliance programs. The DOJ’s Criminal Division and the SEC have emphasized that these programs need to be diligent, and not mere formalities.… Continue Reading
An Italian citizen was extradited from Germany on a charge of participating in a conspiracy to suppress and eliminate competition by rigging bids, fixing prices, and allocating market share for marine hose sold in the United States and elsewhere, the DOJ said Friday.… Continue Reading
Last Monday, the U.S. Senate approved a bipartisan bill designed to prevent retaliation against whistleblowers who provide tips about criminal price-fixing to the Department of Justice.
The co-authors of the bill, Charles Grassley (R-IA) and Patrick Lahey (D-VT), also wrote the whistleblower provisions contained in the Sarbanes-Oxley Act of 2002, which provide significant protections to corporate whistleblowers, particularly employees at publicly traded corporations.… Continue Reading