Joseph Murphy – Compliance & Ethics Professional – February 2018
The Antitrust Division makes a point of this: no existing compliance program is considered for any purpose. This is a one-size-fits-all policy: no matter how diligent your compliance program, no matter how hard you tried to prevent violations, if any violation occurred, your program failed, and that was the end of it. It did not matter whether the violator was a junior salesperson out in the eld who went out of her way to conceal the violation. If it was an antitrust violation, the compliance program
was irrelevant.
Also notable: this is the only division in the Justice Department that takes this in flexible approach. The Fraud Section, for example, has been equally outspoken on the importance of compliance programs in its enforcement decisions.
What has been the result?
Recently a senior enforcement official, the Antitrust Division
