INTERNATIONAL: USA - CARTELS - BID-RIGGING - PRICE FIXING - CUSTOMER ALLOCATION - COMPLIANCE

USA: Is the wind really turning? Towards an overhaul of US antitrust through compliance programs and deferred prosecution agreements

’Does the Flap of a Butterfly’s Wings in Brazil Set off a Tornado in Texas?’ Predictability is a central issue for the risk practitioner. In this study, it will be highlighted that the flapping of the wings of a division of the US Department of Justice can have important consequences for the application of antitrust law in the United States but also in Europe. The tornado in question was announced by Deputy Attorney General Makan Delrahim when he warned companies about the ’wind of changes’. There is a certain irony in the choice of formula. Nevertheless, it does predict a change in the application of antitrust law. Indeed, the Antitrust Division of the Department of Justice seems to be refocusing its prosecution strategy around compliance and negotiated settlements. This change in policy is bound to have consequences both within the United States and beyond its borders.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. In limine: the elements of the Sandoz case. On March 2, 2020, the Antitrust Division of the U.S. Department of Justice (DOJ) reported an interesting [1]fact, to say the least. Following a cooperative investigation by the FBI and federal prosecutors in several states, the pharmaceutical company Sandoz [2] was charged with criminal antitrust conduct. The company was alleged to have participated in four illegal cartels that allowed it to distort competition through customer allocation, illegal price fixing and bid-rigging. The charges against Sandoz were as follows: First, Sandoz was accused by the Count One company of colluding with a New York-based

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  • University of Nice Sophia Antipolis

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Nils Monnerie, USA: Is the wind really turning? Towards an overhaul of US antitrust through compliance programs and deferred prosecution agreements, September 2020, Concurrences N° 3-2020, Art. N° 95468, pp. 198-203

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