E. John Steren, Patricia Wagner

Antitrust Byte

The Antitrust Division of the U.S. Department of Justice (“DOJ”) recently released guidance outlining how DOJ evaluates antitrust corporate compliance programs as part of its Corporate Leniency program. This guidance emphasizes that “[a]ntitrust compliance programs promote vigorous competition in a free market economy by creating a culture of good corporate citizenship within a company that seeks to prevent antitrust violations.”

According to DOJ, an effective antitrust compliance program needs to be well designed, be applied earnestly and in good faith, and achieve the compliance goal. Factors that DOJ looks at to determine whether a corporate compliance program is effective include:

1) the design and comprehensiveness of the program; 2) the culture of corporate compliance within the company; 3) responsibility and resources dedicated to antitrust compliance; 4) antitrust risk assessment techniques; 5) compliance training and communication to employees; 6) monitoring and auditing techniques, including continued review, evaluation, and revision of the antitrust compliance program; 7) reporting mechanisms; 8) compliance incentives and discipline; and 9) remediation methods.

DOJ’s recent guidance focuses on the importance of an effective antitrust compliance program in the context of a criminal investigation; however, the benefits of a good compliance program are no less significant in any civil investigation. While most companies operating in the health care industry devote significant resources to regulatory compliance, these efforts do not always include antitrust compliance. DOJ’s recently released guidance on this topic should prompt health care companies to devote the needed resources to either implement an antitrust corporate compliance program or reevaluate existing programs to ensure their effectiveness.

* * *

For additional information about the issues discussed above, or if you have any other antitrust concerns, please contact the Epstein Becker Green attorney who regularly handles your legal matters, or one of the authors of this Antitrust Byte:

E. John Steren
Member of the Firm

Patricia Wagner
General Counsel / Chief Privacy Officer

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.