A Call For Antitrust Division Guidance On Cooperation

To cooperate or not to cooperate, that is the question.

Many Foreign Corrupt Practices Act defense attorneys have voiced uncertainty about what, if any, benefit results from voluntarily disclosing a company’s violation of the FCPA to the U.S. Department of Justice. In contrast, the criminal antitrust defense bar has enjoyed a long period of relative certainty and predictability when determining whether to cooperate with the Antitrust Division. While historically the Antitrust Division made great efforts to be transparent on the issue of cooperation, the recent silence of the division has left some members of the antitrust defense bar to question whether companies and attorneys can still rely on old speeches and past division practices when assessing the value of cooperation.

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