News & Events

John Terzaken, Global Co-Chair of the Firm’s Antitrust and Trade Regulation Practice, was quoted in a Global Competition Review (GCR) article titled, “DOJ extends leniency to misconduct inherited through acquisitions.” The article discussed the Department of Justice’s (DOJ) new safe harbor policy for voluntary self-disclosures made in connection with mergers and acquisitions, which will offer leniency to companies that self-report criminal misconduct involving recently-acquired businesses. Reflecting on the potential implications of the new policy, John noted that it may alter the negotiating process during merger talks. “If this process does anything, it may actually help companies think about how to structure a deal in a way that satisfies them if they do find a problem,” he said. He further noted that the policy shift may have a larger impact on prosecutions of the False Claims Act and other forms of fraud than it will on antitrust enforcement.

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