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Candidate Barack Obama criticized the Bush Administration for “what may be the weakest record of antitrust enforcement of any administration in the last half century.” Obama stated that he would direct his administration “to reinvigorate antitrust enforcement” and take “aggressive action to curb the growth of international cartels.” Candidate Obama also stated that, “Under my administration, the antitrust law will mean something.” With the Obama Administration in place a year and a half, it's a good time to evaluate the Obama Justice Department's enforcement of criminal antitrust laws and determine whether the DOJ has been as active in criminal enforcement as the candidate promised.
Comparing the Statistics
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
This article explores legal developments over the past year that may impact compliance officer personal liability.