Create Your Own: Bespoke Antitrust Compliance Programs For Effective Compliance

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Corporate antitrust compliance programs, come in all shapes and sizes – there is no one size that fits all. And yet, the compliance programs best suited to promote genuine antitrust compliance may vary greatly based on the particular companies they serve. The Department of Justice Antitrust Division (Division) astutely recognizes this. Announcing their new approach to corporate compliance on July 11, 2019, the Division noted in public statements and subsequent public commentary that there is no standard or singular approach to effective corporate antitrust compliance programs. In fact, companies rely on their corporate compliance programs, including antitrust compliance, in different ways. And various factors may affect and shape what best promotes competition and antitrust compliance for any given company. This article raises some of the many differences between companies that may lead to different flavors of compliance. It provides a sample, non-exhaustive menu of options from which different companies may choose to create the type of robust, dynamic, and current program that may warrant credit from the Division.