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In early January 2021, the U.S. Department of Justice’s (“the DOJ”) Antitrust Division (“the Division”) announced a Deferred Prosecution Agreement (“DPA”) with Argos USA LLC (“Argos” or “the Company”).
1 While DPAs have been used to resolve prosecutions in other Divisions of the DOJ, the Antitrust Division has considered DPAs only since a policy shift in 2019. Under the new policy, DPAs were to be applied in limited situations where a company committed an antitrust crime despite having an effective compliance program. Division leadership has further suggested that the compliance program in place at the time of the antitrust violation would need to be robust and thoughtful, and that DPAs would be considered only for companies that self-reported misconduct.