US Anti-Corruption and Cartel Enforcement Update: Recent Trends, Key Developments, and New Tools

In the United States, 2023 was a significant year for both anti-corruption and cartel enforcement, with consequential developments at the policy and legislative levels, as well as in individual matters. Many of these developments have important implications for both global and domestic companies, and highlight key trends that companies and their counsel will want to consider when assessing risk and implementing policies and procedures to mitigate against such risk and to ensure compliance.

Our panelists will discuss and unpack observed trends, key developments, and recent announcements from and new tools being utilized by US enforcers in the anti-corruption and antitrust enforcement space. We will discuss how these trends, developments, announcements, and tools are likely to impact enforcement going forward, and share practical insights on how companies and their counsel can navigate the new enforcement landscape to mitigate risk and to ensure compliance. In particular, the panel will focus on:

• FCPA enforcement activity in 2023, recent DOJ policy developments and how those policies are being put into action by the DOJ, and the new Foreign Extortion Prevention Act, which criminalizes the “demand” side of foreign bribery by specifically making it illegal for foreign officials to demand or accept bribes from any United States citizen, company, or resident in exchange for obtaining business.
• Cartel enforcement activity in 2023 and DOJ’s stated enforcement priorities going forward—including labor market restraints, collusion in public procurement, and closer scrutiny of algorithmic pricing.