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Antitrust Alert: DOJ Sentencing Memorandum Emphasizes Importance of Instituting Antitrust Compliance Programs in Face of Government Investigation

Kathryn M. Fenton, J. Bruce McDonald, Paula W. Render, Ryan C. Thomas, and Rachel H. Zernik, Jones Day Antitrust Alert, October 2015

See Paula W. Render's resume See Bruce McDonald's resume See Kathryn M. Fenton's resume See Ryan C. Thomas's resume See Rachel Zernik's resume

The U.S. Department of Justice has recommended a significantly reduced fine for an auto parts defendant accused of bid-rigging and price-fixing, based largely on the defendant’s having quickly instituted a rigorous antitrust compliance program – even though only after the government initiated its investigation. The case is United States of America v. Kayaba Industry Co. An important example for other companies, DOJ’s sentencing memorandum lays out what the government considers to constitute a rigorous antitrust compliance program. This is useful guidance for a company developing a compliance program in any situation. Of course, the best time to implement a compliance program is before there is any government investigation.

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