Previous business/academic article Next business/academic article
Business Articles Awards > Private Enforcement

DOJ Statements May Signal Civil Antitrust Enforcement Against Individual Employees

John M. Majoras, David P. Wales, Kathryn M. Fenton, Michelle K. Fischer, J. Bruce McDonald, Ryan C. Thomas, Stephen J. Squeri, and Nathaniel J. Harris. Jones Day Client Alert, 2015

See Bruce McDonald's resume See Michelle K. Fischer's resume See John M. Majoras's resume See David P. Wales's resume See Kathryn M. Fenton's resume See Ryan C. Thomas's resume See Stephen J. Squeri's resume See Nathaniel J. Harris's resume

Vote for this articleHelp

* Average
** Interesting
*** Good
**** Excellent
***** Must receive an Award!

Please note that the star(s) appearing on the article page before you have voted reflect the status of all votes registered to date.

Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

The U.S. Department of Justice Antitrust Division will consider individual civil enforcement actions against executives implicated in corporate wrongdoing, according to recent comments by DOJ Assistant U.S. Attorney General Bill Baer. His comments follow a September 2015 memo, "Individual Accountability for Corporate Wrongdoing," issued by DOJ’s Deputy Attorney General, Sally Yates. The "Yates Memo" observed that, while corporations have been subject to criminal and civil fines and penalties for fraud and other misconduct, culpable company personnel have not always been held accountable. The Yates Memo appears intended to bridge this gap, and it puts company executives on notice that they individually may be pursued if they violate the law even on behalf of their employer. If the Yates Memo were adopted as part of antitrust policy – and there has been no announcement it will – it could bring significant changes to civil antitrust enforcement (as opposed to criminal prosecutions where the individual criminal prosecution already is the norm).

Download our brochure