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FTI Consulting and Global Competition Review Release Survey Examining the Future of Competition Law
Most respondents indicated that every aspect of investigations have become increasingly challenging as a result of remote working over the past year, with 56% saying evidence collection is more difficult and 23% saying it is significantly more difficult. In the context of conducting investigations among remote employees, several specific aspects of the data collection process were cited as being negatively impacted, including identification of data sources (70%), completeness of data collection (66%), chain of custody, mobile device collections, technical issues and data privacy (roughly 40% respectively).
Key findings from the report include:
- 57% of respondents agreed that antitrust compliance has become more challenging during remote working.
- More than half believe the increased use of collaboration and cloud-based tools has made it harder to identify all sources of data, preserve data, collect relevant data and process or review data. Despite compliance becoming more challenging, and the new Department of Justice Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations guidelines, nearly 70% of respondents have not increased their compliance budgets, citing reasons including lack of resources and competing priorities.
- Most (65%) are addressing compliance proactively in anticipation of an investigation, yet that leaves more than one-third that are still approaching the issue reactively.
- More than 70% of respondents agreed that it has become increasingly important to monitor communications and data between companies in light of increased collaboration between companies.
“The results of this survey were consistent with the trends we’re seeing among our clients, especially in terms of trepidation about the completeness of document collection and production in antitrust investigations,” said
To read the full results, download Global Competition Review Investigations, Data and Compliance here. To attend a webcast and learn more about the reports detailed findings, register for the
Demographics and methodology
The data contained in the report was derived from a global online quantitative survey run from
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Source: FTI Consulting, Inc.