In yet another major compliance development, the Justice Department announced the adoption of a new policy to credit effective compliance programs in resolving criminal cartel prosecutions against corporations. Since the 1990s, the Antitrust Division’s policy regarding corporate compliance programs was generally fixed given the ability of companies to seek benefits under the leniency program.

As part of its new policy, the Antitrust Division released its own guidance for the Evaluation of Corporate Compliance Programs. This new document complements the recent guidance issued by the Criminal Division.

The Antitrust Division’s new policy was announced by Assistant Attorney General Makan Delrahim in a recent speech.  The announcement is the culmination of a lengthy process, which included a public roundtable with antitrust practitioners, coordination with global cartel enforcement authorities, and an internal DOJ review.

In this episode, Michael Volkov discusses the Antitrust Division's new policy and accompanying guidance.