In July 2019, the Department of Justice’s Antitrust Division announced an important and significant change to its treatment of corporate antitrust compliance programs. In a departure from precedent, the Division announced that it would begin giving credit to companies with robust antitrust compliance programs at both the investigation and sentencing phases and also announced that it would be publishing guidance on how it would investigate criminal antitrust violations. One clear message resounds: there is no one-size-fits-all solution. In this article, the authors discuss the history of the Division’s views on corporate antitrust compliance programs and explore some of the multitude of considerations to take into account when creating and implementing corporate antitrust compliance programs, including size, industry, and other factors. The authors also discuss important components to developing an effective antitrust compliance program, such as fostering a culture of compliance at all levels of the company.

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