DOJ Likely to Scrutinize Personal Device and Corporate Chat Policies of Investigation Targets
By: Alyse Stach (Baker Hostetler Antitrust Advocate)
The U.S. Department of Justice (DOJ) has recently filed a number of motions and policy memos. Taken together, these documents send the signal that the agency is setting its sights on a new source of information for uncovering evidence of anticompetitive or criminal activities across various areas. This creates a new obligation for companies, who should be reviewing their personal and corporate chat preservation policies and ensuring they have the ability to come up with ‘the goods’ should a government agency investigation or civil lawsuit come calling.
The agency went on to revise its enforcement policies and practices in September 2022. The changes in policy make clear that the Department of Justice will not be turning a lenient eye towards preservation and discovery abuses related to antitrust cases and investigations. The changes in policy can be expected to have ripple effects across industries and have knock-on effects on private litigation as well…
Featured News
Federal Judge Orders Google to Open Android App Store Amid Antitrust Pressure
Oct 7, 2024 by
CPI
Federal Judge Greenlights FTC’s Antitrust Lawsuit Against Amazon, Tosses Some State Claims
Oct 7, 2024 by
CPI
Supreme Court Rejects Uber and Lyft’s Appeal in California Gig Worker Suits
Oct 7, 2024 by
CPI
Supreme Court Sidesteps 5-Hour Energy Pricing Case, Allowing Antitrust Claims to Proceed
Oct 7, 2024 by
CPI
Tempur Sealy and Mattress Firm Argue FTC Proceedings Are Unconstitutional in New Suit
Oct 7, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Refusal to Deal
Sep 27, 2024 by
CPI
Antitrust’s Refusal-to-Deal Doctrine: The Emperor Has No Clothes
Sep 27, 2024 by
Erik Hovenkamp
Why All Antitrust Claims are Refusal to Deal Claims and What that Means for Policy
Sep 27, 2024 by
Ramsi Woodcock
The Aspen Misadventure
Sep 27, 2024 by
Roger Blair & Holly P. Stidham
Refusal to Deal in Antitrust Law: Evolving Jurisprudence and Business Justifications in the Align Technology Case
Sep 27, 2024 by
Timothy Hsieh