Using Compliance to Address Antitrust Risks in Procurement

Government procurement is increasingly under scrutiny for antitrust risks, particularly when collusion, bid-rigging, or market allocation undermines competition. As Robin Crauthers and Alex Major of McCarter & English note, US agencies are taking a two-pronged approach: targeting misconduct directly while also dismantling regulatory barriers that may unintentionally restrict competition. 

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently recommended regulatory revisions to the White House, including proposals to eliminate Department of Transportation contracting rules that, though intended to aid disadvantaged groups, may exclude otherwise competitive bidders.

The enforcement landscape shifted further in July 2025 with the DOJ’s launch of its Whistleblower Rewards Program. This initiative enables individuals to receive monetary rewards for exposing bid rigging, price fixing, and related procurement abuses. The program signals an intensified focus on insider reporting, even in the presence of nondisclosure agreements, and creates new compliance risks for contractors that fail to address internal concerns before employees turn to regulators.

For compliance teams, it is no longer enough to avoid blatant violations. Companies must assess whether their practices and the regulations under which they operate could invite scrutiny. Crauthers and Major emphasize that building a culture of trust, maintaining accessible reporting channels, responding transparently, and training managers are all key steps in reducing whistleblower risk. By reinforcing ethical conduct and closing the loop with employees who raise concerns, organizations can strengthen resilience.

Antitrust enforcement in procurement is becoming increasingly aggressive, creative, and systemic. Firms that proactively adapt compliance programs will be better positioned to mitigate exposure and maintain trust with regulators and stakeholders.