The US DoJ Antitrust Division enters into a rare deferred prosecution agreement, and a first one with a company that is not a bank (Heritage Pharmaceuticals)

The Department of Justice (DOJ) routinely relies on deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) to resolve corporate criminal investigations. Since 2004, the DOJ has entered into an average of 33 such agreements per year. These agreements allow companies to avoid what can be cataclysmic consequences of pleading guilty. From the government’s perspective, they provide an admission of wrongdoing, cooperation with the investigation, payment of a fine, and assurance of an improvement of a company’s compliance program. While DPAs and NPAs are popular among the DOJ’s Criminal Division and US Attorneys’ offices around the country, the DOJ’s Antitrust Division has been very reluctant to enter into such agreements, believing that they undercut the division’s unique

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Baker Botts (San Francisco)
  • Baker Botts (Washington)

Quotation

Peter Huston, Alex Bourelly, The US DoJ Antitrust Division enters into a rare deferred prosecution agreement, and a first one with a company that is not a bank (Heritage Pharmaceuticals), 31 May 2019, e-Competitions May 2019, Art. N° 94484

Visites 24

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues