I. Evaluating a Corporate Antitrust Compliance Program at the Charging Stage. A. Preliminary Questions. Does the compliance program address and prohibit criminal antitrust violations?. Did the compliance program detect and facilitate timely reporting of the violation?. To what extent was senior management involved in the violation?. B. Elements of an Effective Compliance Program. Design and Comprehensiveness of the Program. Culture of Compliance. Responsibility and Resources for Compliance. Antitrust Risk Assessment. Training and Communication. Periodic Review, Monitoring, and Auditing. Confidential Reporting and Investigation Processes. Incentives and Discipline. Remediation and Role of the Compliance Program in Detecting Violations. II. Sentencing Considerations. A. Guidelines Credit for an Effective Compliance Program. Sentencing reductions under U.S. Sentencing Guidelines.. Assessing program effectiveness based on senior management involvement and timely reporting.. B. Compliance Considerations for Recommending Probation. Factors influencing corporate probation recommendations.. Evaluating the need for external compliance monitoring.. C. Fine Reductions for Recurrence Prevention Efforts. Senior leadership accountability and corrective actions.. Improvements to pre-existing compliance programs.. Creation of a compliance program in response to violations.. Disciplinary measures implemented post-violation.