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The V&E Report
Insights in Government Enforcement and Investigations

  • 18
  • July
  • 2019

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What’s in a DPA? Breaking Down Deferred Prosecution Agreements in Light of New Antitrust Division Policy

The DOJ’s Antitrust Division (“Division”) recently announced a significant policy change — that we covered in depth here — that will afford non-leniency companies the opportunity to seek mitigation credit in a criminal antitrust investigation if the company had in place at the time of misconduct a robust and effective compliance program. In a speech on July 11, 2019,1 Assistant Attorney General Delrahim announced that effective immediately, the Division will now allow its prosecutors to resolve wrongdoing by way of a deferred prosecution agreement (“DPA”) when a company’s compliance program is adequately designed to prevent, detect and remediate criminal wrongdoing by its employees and when the company self-reports the misconduct to the Division.

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Heritage Pharmaceuticals Under Fire, Settles Criminal and Civil Charges with DOJ

On May 30, 2019, the DOJ’s Antitrust Division charged Heritage Pharmaceuticals Inc., a generic pharmaceutical company, for conspiring with its competitors to fix prices, rig bids, and allocate customers. The one-count felony information, filed on May 30 in the Eastern District of Pennsylvania, alleges that from April 2014 to December 2015 Heritage conspired with other individuals and companies to fix and maintain prices of glyburide, a medicine used to treat diabetes.1

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