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FCPA Blog Daily News

Entries in antitrust (12)


Will the Antitrust Division finally recognize compliance efforts?

On July 11 the head of the Antitrust Division will give a presentation at NYU on incentives for compliance programs. Many of us believe the Division will finally endorse the role of compliance programs and make it clear that diligent programs do matter when it comes to enforcement decisions. This positive approach has been the policy for the rest of the Department of Justice for years, with the Antitrust Division having been a stark holdout in its refusal to recognize programs no matter how diligent.

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Why do we view breaches of competition law and anti-corruption law so differently?

Both anti-corruption law and competition law aim to create a level playing field and are complementary to each other in support of this aim. It's interesting, then, to see how society reacts so differently to breaches in these fields, even though both are indispensable in reaching social welfare.

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Report: DOJ hires expert to evaluate target company compliance programs

There were reports last week that the DOJ is hiring a compliance expert. He or she will help evaluate whether to charge corporations that fail to detect and prevent wrongdoing by employees.

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Dr. Klaus Moosmayer: How Siemens manages Collective Action antitrust concerns

Dr. Klaus Moosmayer is the Chief Compliance Officer of Siemens AG (Image courtesy of Siemens)The FCPA Blog has been talking about Collective Action and antitrust concerns.

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Antitrust risks can be managed when competitors fight graft together

Joe Murphy recently talked in a post on the FCPA Blog about antitrust concerns under U.S. law for competitors who band together to fight corruption. I'd like to explain how and why the antitrust issue can be mitigated.

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Joe Murphy: U.S. antitrust lawyers are nervous about 'business-side enforcement'

In his post yesterday about "business-side enforcement," Mike Scher made some good points. But here's one big reason why “collective action" has not caught on in the U.S.: antitrust. We antitrust lawyers are very nervous about clients meeting and talking with competitors. 

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Joe Murphy: ‘Even secret conspiracies leave trails’

I recently read a decision by the UK’s Office of Fair Trading (now CMA) dealing with a competition law case. In the Lloyds Pharmacy/Tomms case the OFT put into action its policy on giving companies credit for having compliance programs.

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Don't forget antitrust enforcement (and compliance)

The DOJ said last week it collected $1.86 billion in criminal fines and penalties from antitrust prosecutions during the fiscal year that ended September 30, 2014. 

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Memo to law schools: The world needs compliance officers

Image courtesy of New England Law | BostonLaw-related employment for grads from American law schools isn't exactly robust. In 2013, the ABA Journal said, only 57 percent of the that year's JDs had full-time bar-passage-required jobs. At the same time, the world seems to have an insatiable appetite for compliance officers. That sounds like an opportunity.

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DOJ position on anti-trust compliance programs needs a make over

In the FCPA area we all know how important it is to have effective compliance programs. The DOJ’s Criminal Division and the SEC have emphasized that these programs need to be diligent, and not mere formalities. Moreover, we know that programs count to the enforcers, so we have a reason to listen to them. The FCPA Guidance tells us this, and declinations such as Morgan Stanley demonstrate it.

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Marine hose exec extradited from Germany

Image courtesy of Dunlop Oil & MarineAn Italian citizen was extradited from Germany on a charge of participating in a conspiracy to suppress and eliminate competition by rigging bids, fixing prices, and allocating market share for marine hose sold in the United States and elsewhere, the DOJ said Friday.

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New Senate bill protects whistleblowers in antitrust cases

Last Monday, the U.S. Senate approved a bipartisan bill designed to prevent retaliation against whistleblowers who provide tips about criminal price-fixing to the Department of Justice.

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