A high-ranking member of the Department of Justice’s Antitrust Division on Wednesday came to the defense of a recent policy change that evaluates corporate compliance programs as a potential leniency factor in antitrust cases.
Deputy Assistant Attorney General Richard Powers, in remarks delivered at the 13th International Cartel Workshop in San Francisco, said concerns over the policy change are premised on a “fundamental misunderstanding” of the process, particularly when it comes to new rules regarding deferred prosecution agreements (DPAs). The policy change, introduced in July 2019, allows prosecutors to proceed by way of a DPA when “the adequacy and effectiveness” of a corporation’s compliance program weigh in favor of doing so.
