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Client Alert August 17, 2023

Global Companies Can Gain Advantage From Aggressive U.S. Antitrust Enforcement

  • U.S. government antitrust agencies – including the U.S. Department of Justice Antitrust Division and Federal Trade Commission – have become increasingly aggressive in their enforcement.
  • While this puts more multinational companies with U.S. links at risk, it could also present an opportunity.
  • Our team explains how the changing antitrust enforcement environment can provide tools for companies to keep their competitors in check.

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Client Alert July 12, 2023

What Multinational Companies Should Know About Unprecedented Extraterritorial Activities by the South Korean Police

  • The South Korean Police are expanding their extraterritorial activities, with many multinational companies now in their sightline.
  • Many companies are unfamiliar with handling Korean inquiries and investigations, but their next steps can be crucial to risks to their business.
  • Our cross-border team explores strategies to help companies mitigate their risks and stand up to prosecutorial overreach.

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Client Alert April 26, 2023

Non-U.S. Companies Beware: U.S. Corporate Leniency Programs May Not Achieve Best Outcome

  • Recent comments by top U.S. Department of Justice (DOJ) officials seem to signal an emphasis on leniency programs for companies cooperating on corruption and bribery investigations.
  • However, non-U.S. companies should not let their guard down – the DOJ continues to stretch the bounds of its jurisdiction to aggressively prosecute companies beyond the U.S.
  • We unpack counteroffensive strategies at-risk companies should consider to stand up to DOJ overreach and drive successful outcomes.

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Non-U.S. Companies Beware: New U.S. DOJ Guidelines May Apply

  • The U.S. Department of Justice has released new guidelines that signal their aggressive prosecution of individuals and companies outside the U.S.
  • At-risk non-U.S. companies must understand the potential implications of the DOJ’s new position.
  • Our global Government Enforcement Defense team explains why internationally based former U.S. government lawyers are best positioned to address the issues.

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5 Questions Raised By the DOJ's Partnership With Global Antitrust Enforcers

  • A new Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (MFP) is being finalized.
  • Although the new MFP will not be binding on all enforcement regimes, the MFP’s compliance mechanisms should incentivize agencies to comply with the common commitments.
  • This announcement raises five key questions about the future of global antitrust enforcement.

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