As a result of significant changes in the US antitrust policy, there may be a shift in focus from consumer benefit to a more aggressive and amorphous focus on alleged abuse of dominance.
In an article for Law360, White & Case Antitrust partner Kathryn Mims, senior counsel Ira Raphaelson and counsel Charles Moore discuss businesses revisiting the relationship between compliance and antitrust leniency.
They write: "Use competition compliance as a building block. Include the fundamentals, such as prohibiting employees from agreeing or even discussing with competitors to set prices, set bids, or allocate customers or territories. Consider also setting boundaries regarding exchanges of information, joint ventures/collaborations, purchasing from or selling to competitors, and participation in trade shows."
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