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Originally Posted by SteveEisenberg
The training is fairly simple and has likely already been given -- avoid putting anything you don't want on the front page of the New York Times in writing -- being especially wary of email -- and consult with counsel before talking with outsiders about pricing policy.
This from the American Airlines antitrust settlement gives the flavor of what the executives need to do:
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Among other things, Crandall is required ''to consult with a company lawyer before communicating with officials of any other airline carrier and to make notes on all such conversations as well as any discussions with American's vendors and creditors pertaining to other airlines' fares,'' the department said.
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However, I don't think Judge Cote is requiring the written notes. Safer to keep such contacts verbal. |
You do realize that Apple does not acknowledge that antitrust laws were violated, right? And they have lawyers who argue this. How would consulting the company lawyers ensure that this will not happen again when the company lawyers are the ones who say that their actions were legal?
This was the point of appointing a monitor, and the point for the monitor interviewing the executives. If Apple would have accepted that they violated antitrust law, the judge wouldn't have had to appoint a monitor. But Apple insists that they didn't violate antitrust law so they are not in a position to change the procedures without being monitored. The monitor needed to asses the executives' view of the matter before the procedures get changed to know if the changes are sufficient.