Concurrences

Antitrust Compliance Programmes & Optimal Antitrust Enforcement

Mr Wils’ initiative consists of an article entitled Antitrust Compliance Programmes & Optimal Antitrust Enforcement. " Should companies that have antitrust compliance programmes be granted a reduction in the amount of fines or even immunity from fines when they are found to have committed antitrust infringements? Should the absence of a compliance programme constitute an aggravating factor leading to higher fines for antitrust infringements? Should the adoption of a compliance programme be imposed as part of infringement decisions or settlements? These are the questions which this paper examines, on the basis of an analysis of the nature of antitrust infringements, the rationale of company liability for antitrust infringements, and the possible positive and possible negative effects of compliance programmes.

Testimonials

Susan Ning
King & Wood Mallesons (Beijing)

China 36 contributions 20592 visits

Antitrust compliance initiative proposed by this award summit is a creative mind rarely found in the traditional legal sector. The ideas to be innovative in antitrust compliance are proposed to better chart the evolution of the legal profession and will be presented in a way that is more useful, user-friendly and amusing for the audience of the antitrust compliance trainings.

A larger context of this initiative and the reason why I am interested in joining this event - in view of the ever-increasing deterrent effects of the penalties imposed on antitrust violations worldwide, the importance of an ex-ante mechanism of an antitrust compliance also rises accordingly to avoid any ‘ex post’ antitrust risks. Antitrust compliance has become a routine task for companies, law firms, enforcers and even academics to follow and work on in their daily life.
Martin d’Halluin
News Corp (New York)

United States 8 contributions 9008 visits

In its 2019 guidance, the U.S. Department of Justice emphasized that robust compliance programs need to be forward-thinking: "effective antitrust compliance programs not only prevent, detect, and address antitrust violations, they also further remedial efforts and help foster corporate and individual accountability". Concurrences’ idea to reward innovative compliance initiatives globally is also forward-thinking and should be applauded. I am delighted to be part of the Steering Committee and look forward to seeing a lot of creative programs.
Roberto Rustichelli
Italian Competition Authority (Rome)

Italy

I am very delighted to be part of the Antitrust Compliance Summit & Awards Steering Committee together with other distinguished members.

The Italian Competition Authority strongly supports this much-needed initiative of Concurrences which contributes to promote and strengthen a competition culture at global level and I hope its innovative format will attract as many participant agencies as possible in sharing their experiences in evaluating compliance programmes for the purpose of potential fine reductions for businesses.

Since the adoption of our own guidelines in 2018, antitrust programmes in Italy have become an increasingly important component of businesses’ general compliance programmes. Our practice has shown that designing and implementing antitrust programmes is not a “box-checking exercise” and there is no “one size fits all” type of programme.

I believe this initiative, by exchanging best practices for successful antitrust compliance, will surely be of interest for our agency as well as many other competition agencies around the world.
Marie-Pascale Heusse
BNP Paribas (Paris)

France 5 contributions 7590 visits

Compliance, as well as time to market, constitutes a major strategic challenge for economic players but also for authorities and institutions. What is the rule without the knowledge of this rule, the understanding of issues and risks at stake ? This is most apt when it comes to behavioral rules. Competition law is now part of companies’ codes of conduct which imply for staffs to act in a responsible and ethical manner. Being aware of competition law rules is therefore much more than a legal requirement. It is part of the corporate culture.

Today Competition Law Compliance Programmes are widespread. However, from the perspective of Heads of competition law / Compliance officers in charge, maintaining such programmes as top priorities is not a walk in the park. To the contrary, it is a real challenge to always keep them up especially when they are themselves in competition with many compliance requirements imposed by legislations, e.g. anti bribery, money laundering.

Concurrences identified this issue and started months ago to propose dedicated events. The Awards Compliance Initiative, that I’d like to commend, will be the high point of exchanges started in February 2019 at Concurrences’ initiative but also, and it has to be stressed, in the framework of a dedicated working group set-up by the French Competition Authority in 2020. More broadly, it will gather international actors, authorities and institutions and allow them to share their views and more practically, their best recipes and tools.
Daniel Sokol
White & Case (Washington)

United States 10 contributions 3110 visits

Compliance plays an integral role in antitrust/competition law and this initiative recognizes its growing centrality.

Authors

Testimonials