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Chances are you first become aware that your company is a target or subject of a criminal antitrust investigation when you receive a grand jury subpoena, or worse, when federal agents show up with a search warrant asking questions. This is serious business, given the consequences. Among the many questions experienced antitrust counsel will ask you early on is whether you have an antitrust compliance program, and if so, how it is set up and operates. In recent years, the Antitrust Division of the United States Department of Justice (“DOJ”) assigned no weight to the existence of a ...