The US DoJ reverses long-standing policies and issues detailed guidance on corporate antitrust compliance programs

In a major policy shift applauded by companies and compliance professionals, on July 11 the Antitrust Division (the “Division”) of the U.S. Department of Justice (the “DOJ”) announced that it will now give consideration in criminal charging decisions and penalty recommendations to whether a company has an effective corporate antitrust compliance program, and that it will enter into Deferred Prosecution Agreements (“DPAs”) in appropriate circumstances. The Division also issued detailed guidance on precisely what it will look for when evaluating corporate compliance programs. Corporate compliance officials have for decades complained that the Division was out of step with the rest of the DOJ in crediting good-faith compliance efforts and in providing some opportunity for resolution of a