This memornadum addresses two antitrust concerns that should be noted by emerging companies: Avoiding the creation of documents that might invite antitrust problems, and avoiding premerger coordination of commercial activities and uncontrolled exchange of compettitively sensitive information.
New Jersey Antitrust Disclosure Compliance Memorandum
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US-TC0308
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FAQ
The regulations define a VSD as a ?self-initiated notification to OFAC of an apparent violation by a Subject Person that has committed, or otherwise participated in, an apparent violation of a statute, Executive Order, or regulation administered or enforced by OFAC? prior to OFAC or any federal, state, or local ...
Both the USAO and the Criminal Division policies define ?voluntary self-disclosure? as circumstances where a company: Had no preexisting obligation to disclose. Made the disclosure ?within a reasonably prompt time? after becoming aware of the misconduct.
A company is considered to have voluntarily self-disclosed if it (i) becomes aware of the misconduct before the DOJ has been made aware of the misconduct and (ii) makes a timely disclosure of all known relevant facts ?prior to an imminent threat of disclosure or government investigation.? See Policy at (A)(2)-(3).
A voluntary self-disclosure is an in-depth process that often requires internal investigations, audits, an analysis of the sanctions, and how they apply to a business.
Creation of the Corporate Crime Advisory Group The Corporate Crime Advisory Group will bring together relevant components in the Department and will have a broad mandate to consider various topics that are central to the goal of updating our approach to corporate criminal enforcement.
Self-disclosure gives providers the opportunity to avoid the costs and disruptions associated with a Government-directed investigation and civil or administrative litigation.
Ing to the policy, unless there is some ?aggravating factor,? the USAO will not seek a guilty plea when a company has: (1) voluntarily self-disclosed ing to the new criteria; (2) ?fully cooperated;? and (3) ?timely and appropriately remediated the criminal conduct.? Aggravating factors include but are not ...
Voluntary: The disclosure of criminal misconduct must be voluntary. A disclosure is not voluntary where there is a preexisting obligation to disclose, such as pursuant to regulation, contract, or a prior Department resolution (e.g., non-prosecution agreement or deferred prosecution agreement).