Criminal Antitrust / Cartel Investigations and Enforcement Service Sheet

One key takeaway from Kanter’s remarks concerns updates to the leniency program. First, a company must now promptly self-report wrongful conduct to qualify for immunity from prosecution. Since only the first company to report can obtain leniency, this places a much greater importance on detection and internal controls. Second, a company must now undertake remediation and compliance efforts before it obtains conditional leniency.

Kanter highlighted the DOJ’s initiative to support antitrust enforcement throughout the U.S. government that includes new and expanded partnerships with various agencies (including international partners and in foreign jurisdictions), training on antitrust laws, and prosecuting procurement collusion through the Procurement Collusion Strike Force (PCSF). Kanter emphasized that criminal enforcement of antitrust crimes such as monopolistic practices, wage-fixing, agreements not to compete for workers and other labor-side violations, will make up an important part of the Antitrust Division’s agenda.

Kanter’s remarks clearly signal the DOJ Antitrust Division’s focus on increased enforcement and emphasis on compliance and remediation. To effectively mitigate the potential impacts from increased regulatory risk, companies need an integrated solution that incorporates expertise in data analytics and communications into an experienced and dedicated team.

To find out more about FTI Consulting’s Antitrust practice download our brochure here.