Todd Seelman Quoted by Law Week Colorado on New DOJ Antitrust Leniency Policy

Denver, Colo. (August 15, 2019) – Denver Managing Partner Todd R. Seelman was recently quoted by Law Week Colorado for an article on the Department of Justice’s (DOJ) new guidance allowing companies with antitrust compliance programs to seek leniency in federal investigations, even if they fail to prevent an antitrust violation. The article, “DOJ to Offer More Credit for Antitrust Compliance Programs,” reviews the DOJ’s antitrust division announcement and discusses what it means for companies facing antitrust charges.

“It’s a sea change for the antitrust division and a welcome one,” said Mr. Seelman of the new guidance. He further explained that companies which previously would not have received leniency from self-disclosure of antitrust violations may now have the potential to enter into deferred-prosecution agreements. Mr. Seelman also stated that this new policy is likely an attempt by the DOJ to incentivize compliance programs.

“The hope, I think, is that all companies, small, large, and medium, all take antitrust compliance seriously and develop an effective antitrust program,” said Mr. Seelman.

The article also looks at the implications on a state judiciary level, noting that states have their own antitrust laws which state attorneys general can use to prosecute criminal antitrust violations. Mr. Seelman suggested that even if state attorneys general do not adopt the DOJ’s new corporate leniency policy, they could look to it as a “guidepost.”

Mr. Seelman is the national chair of Lewis Brisbois’ Antitrust & Competition Practice and chair of its Government Investigations Practice.

Read the full Law Week Colorado article here.