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Article: Shifting Antitrust Scrutiny Means Freshening Compliance Policies

Holland & Knight sent this email to their subscribers on May 23, 2024.

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May 23, 2024

 

Shifting Antitrust Scrutiny Means Freshening

Compliance Policies

Holland & Knight Antitrust attorneys Jennifer Lada and David Kully co-authored an article for Bloomberg Law examining an uptick in federal antitrust enforcement activity and explaining how companies should update compliance policies in response. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are currently litigating cases they previously would have settled in addition to pushing novel legal theories such as the "conglomerate" theory of competitive harm.

The authors emphasize that staying on top of these developments, evaluating the legal risks they pose and maintaining a robust compliance program can help companies steer clear of government scrutiny or reduce penalties when facing prosecution. All of this, the authors explain, entails helping employees recognize and avoid inadvertent anticompetitive behavior as well as establishing effective reporting channels. The article breaks down three key prongs in this process: keeping up with industry trends, learning lessons from other cases and providing regular, mandatory compliance training.

Read the full article »

 

Jennifer Lada

New York
212.513.3513
[email protected]

David C. Kully

Washington, D.C.
202.469.5415
[email protected]

 

 

   


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Holland & Knight www.hklaw.com m MAY 23, 2024 SHIFTING ANTITRUST SCRUTINY MEANS FRESHENING COMPLIANCE POLICIES Holland & Knight Antitrust attorneys Jennifer Lada and David Kully co-authored an article for Bloomberg Law examining an uptick in federal antitrust enforcement activity and explaining how companies should update compliance policies in response. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are currently litigating cases they previously would have settled in addition to pushing novel legal theories such as the "conglomerate" theory of competitive harm. The authors emphasize that staying on top of these developments, evaluating the legal risks they pose and maintaining a robust compliance program can help companies steer clear of government scrutiny or reduce penalties when facing prosecution. All of this, the authors explain, entails helping employees recognize and avoid inadvertent anticompetitive behavior as well as establishing effective reporting channels. The article breaks down three key prongs in this process: keeping up with industry trends, learning lessons from other cases and providing regular, mandatory compliance training. Read the full article » JENNIFER LADA New York 212.513.3513 [email protected] DAVID C. KULLY Washington, D.C. 202.469.5415 [email protected] More insights are available on our website. Connect With Us You are currently subscribed to receive Holland & Knight publications as . Your email address is never shared with any third parties. For more information about our privacy practices, please view the Holland & Knight Privacy Notice. To learn how to prevent these communications from [email protected] being intercepted by your spam filter, click here. Visit my subscription management to change your account preferences or . If this email was forwarded to you, and you would like to begin receiving this or any other Holland & Knight publication directly, please . The information provided herein presents general information and should not be relied on as legal advice when analyzing and resolving a specific legal issue. If you have specific questions regarding a particular fact situation, please consult with competent legal counsel about the facts and laws that apply. Copyright © 2024 Holland & Knight LLP All Rights Reserved Holland & Knight LLP | Operations Center | 524 Grand Regency Blvd. | Brandon, FL 33510-3931 | www.hklaw.com  
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