At Houston’s Fulbright & Jaworski, Layne Kruse, co-chair of the firm’s antitrust and competition practice group, has some advice for clients: Re-examine your antitrust compliance programs and make sure all corporate educational programs, manuals and instructions to employees don’t encourage or condone price-fixing, bid-rigging or market allocation schemes.
“If a company is accused of some wrongdoing, the judge most likely will take into consideration whether or not the company had such guidelines in place and give the company credit if it did,” Kruse says.
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