On 12 November 2024, the US Department of Justice Antitrust Division updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (ECCP). The additions include guidance such as using “managers at all levels” to “set the tone from the middle” by “demonstrating to employees the importance of compliance,” establishing policies that account for the use of “ephemeral messaging or non-company methods of communication,” applying “data analytics tools in . . . compliance and monitoring,” and involving compliance personnel in “the deployment of AI and other technologies to assess the risks they may pose.” Additionally, the ECCP now addresses its application to civil investigations.

The U.S. Supreme Court has denied appeals from both parties from the December 1, 2023, decision of the U.S. Court of Appeals for the Fourth Circuit reversing DOJ’s criminal conviction of a former executive of an aluminum products manufacturer for failure to state a per se antitrust offense under the Sherman Act. The Fourth Circuit held that the trial court erred in applying the per se rule without considering that the alleged scheme took place within the context of a “dual distribution” relationship among competing bidders, who also maintained a supplier relationship. The Fourth Circuit denied DOJ’s petition for an en banc rehearing.