Why should corporations spend time and money in developing compliance programs when their efforts don’t count with the regulators? Are compliance programs worthwhile irregardless? Given such incidents as the diverse approaches of U.S. regulators over Honeywell, different attitudes of Member State authorities and DG Comp, and compliance advice published by global regulators, these questions have […]

Compliance with Competition Rules The Way to Go

Ingrid Breit, Jeroen Capiau, Andrew Essilfie, Feb 22, 2012 Any effort by a company to ensure compliance with EU competition rules is important. But what is critical is the fact that the rules are actually complied with. When it comes to taking practical steps to ensure compliance, firms should keep in mind that their efforts […]

Framework-Document of 10 February 2012 on Antitrust Compliance Programmes

Feb 22, 2012 On February 10, the Autorité de la Concurrence in France issued its framework document on compliance programs; we’ve attched a link to it below. Compliance programmes are instruments that enable economic players to increase their chances of avoiding breaches of all kinds of rules that are applicable to their activity, including competition […]

OFT Competition Law Compliance Resources

Steven Preece, Feb 22, 2012 But enforcement is only one aspect of the OFT’s work. The OFT recognizes that the majority of businesses wish to comply with competition law. The documents published in 2011 aim to assist businesses to do so, and avoid breaching competition law in the first place. This content is for paid […]

A Balanced Approach to Enforcement and Outreach

Feb 22, 2012 Competition policy is somewhat analogous to healthcare policy. The underlying policy objective is to foster public health (competitive markets). As an essential part of its execution, the policy maker establishes healthcare institutions (a competition authority) to treat patients when they fall sick (enforce competition law against anticompetitive practices that adversely affect markets). […]

Are We Winning the Fight Against Cartels?

Jeremy West, Feb 22, 2012 “In the last two decades, the world has seen the proliferation of effective leniency programs, ever-increasing sanctions for cartel offenses, and a growing global movement to hold individuals criminally accountable,” a top antitrust official recently observed. Statistics from several of the largest OECD economies do show dramatic growth in the fines […]

The Australian Approach to Competition Law Compliance Programs

Bill Dee, Feb 22, 2012 Competition law in Australia is set out in the Competition and Consumer Act 2010 which essentially picked up the competition law provisions of its precursor legislation, the Trade Practice Act 1974. The enforcement agency in Australia is the Australian Competition and Consumer Commission (“ACCC”), which argues the case for a […]

Are Rights Finally Becoming Fundamental?

Patrick Harrison, Kristina Nordlander, Feb 22, 2012 In the landmark 2005 Article 102 TFEU case regarding Losec, AstraZeneca was fined EUR 60 million for conduct that would not have been an infringement of EU competition law had AstraZeneca not been found to be dominant in the relevant market. The European Commission (“Commission”) found that the […]