Antitrust Compliance Program Effectiveness Assessment Guide

This guide discusses the importance of maintaining a robust and effective antitrust compliance program. It outlines the recent policy changes by the Antitrust Division regarding the evaluation and crediting of compliance programs during prosecutions, particularly emphasizing the Leniency Program. The guide explains that a strong compliance program not only prevents crimes but also aids in discovering and reporting them. It details the necessity of independent assessments to ensure that compliance programs remain current and effective in addressing new issues. These assessments should be conducted by independent consultants to provide credible evaluations of the program's strength and identify areas for improvement. The guide also highlights the significance of demonstrating a commitment to compliance, especially in the context of potential investigations by the Department of Justice, which can lead to favorable outcomes such as deferred prosecution agreements and reduced fines.