Lisa Phelan spoke toGlobal Competition Reviewabout the decrease in criminal fines paid to the Department of Justice’s Antitrust Division in 2022 despite an increase in enforcement activity and prosecutions.
According to Lisa, smaller fines could reduce incentives for companies to invest in compliance programs.
“If a company thinks it could face a criminal fine in the range of tens of millions, or even hundreds of millions of dollars, it is more likely to take greater steps to monitor and train its employees on competition laws and risks,” Lisa said.