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

Joe Murphy
2 contributions 302 visits

Concurrences is recognizing the importance of compliance programs in the competition law field by staging a series of virtual conferences on the topic and giving awards to leaders in this field.

This is a very valuable contribution to our field. For too long competition law compliance has taken a back seat to other areas, especially anti-corruption. Much of the blame for this lies at the feet of competition law enforcers, who had refused to recognize compliance programs, preferring instead to focus only on collecting fines. In contrast, in other areas of law enforcement, the value of compliance and government’s role in recognizing and promoting it, was readily recognized. Recently this negative approach in competition law has started to change, and we now have an opportunity to see more energy, imagination and resources directed into competition law compliance.

Those who do the difficult work of competition law compliance deserve to be recognized and encouraged. At the same time, we need incentives to move beyond the old approaches of dusty manuals and legal lectures, into steps that make programs work – things like empowering compliance officers, dealing with incentives, evaluating what program steps actually are working.

Congratulations to Concurrences for its leadership in promoting competition law compliance efforts.
Martin d’Halluin
News Corp (New York)

United States 6 contributions 5909 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.
Cani Fernández
Spanish Competition Authority (Madrid)

Spain 9 contributions 6578 visits

I believe the Antitrust Compliance Summit & Awards is an excellent opportunity to discuss about compliance programs (specifics, criteria, success and failure stories) and to acknowledge the role they may undertake on wide spreading a true culture of competition on stakeholders and society as a whole. This event, structured in panel discussions and formal awards recognitions, will allow us all to share thorough assessment of effectiveness of compliance programs thus far. I am very much looking forward to participate in this program and to my role as member of the Enforcer Steering Committee.
Dung Tran
Stinga (Paris)

In the current globalized economy weakened by the health crisis, this Concurrences’s initiative is ideal for developing and promoting of compliance antitrust.

The international dimension and the format of the event give an exceptional character to the image of the participation of many professionals representative of the ecosystem (lawyers, experts, public authorities, enterprises, etc.). The opportunity to experience a 360 ° view of the antitrust issue not to be missed.

For me, Legaltech’s innovation and digital solutions are both major elements and catalysts for an effective implementation in terms of compliance antitrust by bringing traceability, consolidation, confidentiality and security to enterprises.
Carolina Araújo de Andrade
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)

Brazil

You have probably heard that it is much better to be safe than sorry. This maxim, applicable to so many situations, can also be used when we discuss corruption, since the act of anticipating situations prevents they spread through public or private companies. Corruption, besides compromising the money of entities, whether public or private, also puts their reputation at stake. On the other hand, compliance programs may establish an organizational culture that encourages ethical conduct and a commitment to comply with the organization’s internal and external standards. In this way, they promote the fight against corruption and reduce the number of lawsuits and administrative proceedings, as well as the chances of financial losses. Experience shows that an effective compliance program can bring about great results. By adopting such programs, we ensure the maintenance of competition in the market and prevent the emergence of violations and harm caused by the lack of competition. Moreover, if we keep a company from losing value, it certainly creates benefits to the entire supply chain, that is, the company itself, investors, consumers, trading partners, and even authorities, as prevention is always preferable to repression, incurring lower costs to society. In view of this, it is important to recognize initiatives that aim to foster and encourage companies to have robust compliance programs that are capable of mapping risks and minimizing the practice of illegal acts, whether these are related to competition law or other matters.

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Testimonials