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CHAPTER X
CRIMINAL ANTITRUST ENFORCEMENT
B. Federal Criminal Antitrust Enforcement
2. Federal Enforcement Policy and Choice of Remedy
a. Recent Policy Announcements from the Antitrust Division
(2) The DOJ Updates Guidance for Corporate Compliance Programs
In November 2024, the DOJ’s Antitrust Division published updated
guidance on its Evaluation of Corporate Compliance Programs in Criminal
Antitrust Investigations.1 This is the Division’s first update to the guidance
since its original publication in July 2019. The guidance identifies key
factors that Division prosecutors will consider when making charging
decisions and sentencing recommendations, including how the company’s
risk assessment addresses “new technologies such as artificial intelligence
and algorithmic revenue management software” and whether the company
has “clear guidelines regarding the use of ephemeral messaging or non-
company methods of communication.”2
(3) The DOJ Remains Focused on Enforcement in Government
Procurement
In April 2024, the DOJ’s Procurement Collusion Strike Force (PCSF)
announced the addition of four new partners for a total of 38 agencies and
offices committed to deterring, detecting, investigating, and prosecuting
antitrust crimes and related schemes that target government procurement,
grants, and program funding at all levels of government. These new
partners are the Department of Commerce Office of Inspector General and
the U.S. Attorney’s Offices in the District of Alaska, Eastern District of
Louisiana, and the District of New Jersey.3
1. Evaluation of Corporate Compliance Programs in Criminal Antitrust
Investigations, U.S. Dep’t of Justice (Nov. 2024), available at
https://www.justice.gov/d9/2024-
11/DOJ%20Antitrust%20Division%20ECCP%20-
%20November%202024%20Updates%20-%20FINAL.pdf.
2. Id.
3. Press Release, U.S. Dep’t of Justice, Justice Department’s Procurement
Collusion Strike Force Announces Four New National Law Enforcement
