Shifting Antitrust Scrutiny Means Freshening Compliance Policies

Antitrust attorneys Jennifer Lada and David Kully co-authored an article for Bloomberg Law examining an uptick in federal antitrust enforcement activity and explaining how companies should update compliance policies in response. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are currently litigating cases they previously would have settled in addition to pushing novel legal theories such as the "conglomerate" theory of competitive harm.

Ms. Lada and Mr. Kully emphasize that staying on top of these developments, evaluating the legal risks they pose and maintaining a robust compliance program can help companies steer clear of government scrutiny or reduce penalties when facing prosecution. All of this, the authors explain, entails helping employees recognize and avoid inadvertent anticompetitive behavior as well as establishing effective reporting channels. The article breaks down three key prongs in this process: keeping up with industry trends, learning lessons from other cases and providing regular, mandatory compliance training.

READ: Shifting Antitrust Scrutiny Means Freshening Compliance Policies

Reproduced with permission. Published May 22, 2024. Copyright 2024 Bloomberg Industry Group 800-372-1033. For further use please visit https://www.bloombergindustry.com/copyright-and-usage-guidelines-copyright/