As AI tools and modern communication platforms become increasingly embedded in corporate operations, the DOJ Antitrust Division has released an updated Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations, marking a significant expansion in DOJ expectations around artificial intelligence, ephemeral messaging, and data-driven monitoring.

This updated guidance provides a clearer roadmap for what the Division expects in an effective antitrust compliance program. It also signals that the DOJ’s civil teams will be applying similar scrutiny when evaluating compliance in civil enforcement actions—raising the stakes for companies seeking to mitigate liability across the board.

Key Takeaways

• AI Risk Now Front and Center: The DOJ expects companies to assess and address antitrust risks arising from AI, algorithmic pricing tools, and other emerging technologies.
• Compliance Must Keep Pace with Technology: Compliance teams should understand the technologies in use, be involved in deployment decisions, and ensure policies are updated to reflect current legal and market developments.
• Ephemeral Messaging in the Spotlight: Companies must identify and evaluate the use of non-company communication tools (like Signal or WhatsApp), establish clear policies, and define preservation requirements.
• Mid-Level Managers Matter: Compliance leadership must go beyond the C-suite—DOJ wants to see “tone from the middle” with managers modeling ethical behavior across the organization.
• Data Analytics and Monitoring Expectations Are Rising: The DOJ encourages the use of data tools to detect antitrust risks and asks whether compliance teams have timely access to relevant data sources.
• Application to Civil Enforcement: Civil antitrust teams will now assess compliance programs using many of the same factors as criminal prosecutors—underscoring the need for strong programs even outside of criminal investigations.

Read the full article to explore what these updates mean for your company’s antitrust compliance efforts and how to align your policies with DOJ expectations.