DOJ Officials Deliver Two Speeches on Antitrust Compliance | Practical Law

DOJ Officials Deliver Two Speeches on Antitrust Compliance | Practical Law

Deputy Assistant Attorney General Brent Snyder and Assistant Attorney General Bill Baer delivered remarks highlighting the importance of antitrust compliance.

DOJ Officials Deliver Two Speeches on Antitrust Compliance

Practical Law Legal Update 5-586-5985 (Approx. 3 pages)

DOJ Officials Deliver Two Speeches on Antitrust Compliance

by Practical Law Antitrust
Published on 31 Oct 2014 • USA (National/Federal)
Deputy Assistant Attorney General Brent Snyder and Assistant Attorney General Bill Baer delivered remarks highlighting the importance of antitrust compliance.
Given two recent speeches by Department of Justice (DOJ) officials highlighting the importance of antitrust compliance, companies should ensure that they have effective antitrust compliance programs. While the DOJ has historically been reluctant to indicate what a successful antitrust compliance program must include, in a September 9, 2014 speech, Deputy Assistant Attorney General Brent Snyder stated that, at a minimum, a compliance program must:
  • Start at the top. Senior executives and board directors must support compliance efforts and ensure that compliance is part of the company’s culture.
  • Cover the entire organization. All employees should be educated on antitrust compliance, particularly those with pricing and sales responsibilities.
  • Be proactive. An effective compliance program should be designed to monitor and regularly audit at-risk activities.
  • Discipline employees who commit antitrust crimes. Retaining culpable employees and allowing them to continue to have responsibilities where they could commit another violation shows that a company is not committed to compliance.
  • Prevent violations from reoccurring. Companies should change their compliance policies if they have failed to prevent an antitrust crime.
Snyder noted that if a company committed an antitrust crime but refused to accept responsibility or implement a meaningful compliance program the DOJ, in some cases, will appoint an antitrust compliance monitor. He cited the DOJ’s 2012 decision to appoint an antitrust compliance monitor at AU Optronics when the company refused to admit guilt or adopt a compliance program even after being convicted of price-fixing.
Assistant Attorney General Bill Baer echoed Synder’s remarks in a subsequent speech on prosecuting antitrust crimes. Baer stressed the importance of compliance programs in minimizing the risk of violations and maximizing the chances of detection.
For resources to conduct an antitrust audit and implement a compliance program, see Antitrust Compliance Toolkit.