WHITE COLLAR CRIME COMMITTEE Antitrust Subcommittee
Event Notice
Co-sponsored with the Antitrust Section / Cartel and Criminal Practice Committee
Recent Nonprosecution Agreements for Antitrust Violators: New Trend or Anomaly?
Date: October 3rd, 2011
Place: Akin Gump Strauss Hauer & Feld, LLP, (1333 New Hampshire Ave NW, Washington, DC)
and/or by Teleconference: Dial in number: 866-646-6488 Confirmation code: 9670121686
Time: 12:00 pm – 1:00 pm
Panelists:
Nate Andrisani, partner at Morgan Lewis in Philadelphia
Mark Rosman, partner at Wilson Sonsini in DC
Doug Tween, partner at Baker McKenzie in New York
Brady Dugan, partner at Akin Gump in DC, moderator
Recently the Antitrust Division entered into nonprosecution agreements (NPAs) with JPMorgan Chase & Co. and with UBS AG to resolve an antitrust bid rigging investigation. While DOJ has entered into numerous NPAs and deferred prosecution agreements (DPAs) in recent years, the Antitrust Division has rarely resolved matters with NPAs or DPAs. This panel will examine the significance of these agreements and whether they signal a new direction in the resolution of antitrust investigations against major corporations. Among the issues we will discuss are:
• The policy rationale for, and recent trends in, the use of NPAs and DPAs by DOJ in non-antitrust cases.
• The rationale for the Antitrust Division's historical resistance to use of NPAs and DPAs.
• How the use of NPAs and DPAs by the Antitrust Division would affect the leniency program.
• What circumstances of these matters justified the use of NPAs.
• Whether these agreements signal a new willingness by the Antitrust Division to consider NPAs and DPAs.
• How practitioners can use these agreements to their advantage in negotiations with the Antitrust Division.
R.S.V.P.
Brady Dugan, Co-Chair of the WCC/Antitrust Subcommittee, 202-887-4152, bdugan@akingump.com
Nate Andrisani, Co-Chair of the WCC/Antitrust Subcommittee, 215-963-5362, nandrisani@morganlewis.com
