Competition law compliance

  • 2.
    1. Competition law is designed to protect businesses and consumers from anti-competitive behaviour, and safeguard effective competition.
      2. All businesses must comply with competition law and there can be serious consequences for businesses and individuals, including directors, for non-compliance.

  • What is competition law compliance in the UK?

    Businesses that are found to have breached competition law can be fined up to 10 per cent of their annual worldwide turnover and ordered to change their behaviour.
    Individuals who engage in cartel activity can be prosecuted and sentenced to up to five years in prison and/or a fine..

  • What is competitive compliance?

    In the field of competition, compliance means proactively respecting competition rules..

  • An effective compliance programme includes creating awareness and imparting training to the employees who may engage themselves or are exposed to anti- competitive conducts.
    The programme should provide for identifying possible violations so as to take pro-active, corrective and remedial steps.
  • Businesses that are found to have breached competition law can be fined up to 10 per cent of their annual worldwide turnover and ordered to change their behaviour.
    Individuals who engage in cartel activity can be prosecuted and sentenced to up to five years in prison and/or a fine.
Compliance means respecting the law. In the field of competition, compliance means proactively respecting competition rules.

Can compliance programmes help prevent competition law violations?

Compliance programmes can be helpful complements to public enforcement activity:

  • ideally by preventing competition law violations in the first place.
    Important developments have taken place since the last OECD discussion on compliance programmes in 2011.

    • Does competition law apply to business practices?

    Moreover, the application of competition law to business practices requires evaluation for in-house or advising attorneys, the line between compliance and non-compliance can, at times, be thin and will often depend on factual evaluation by compliance officers.
    Some NGAs also identified potential misconceptions about competition law and compliance.

    Does your organisation have a competition compliance culture?

    Having an effective competition compliance culture within an organisation can be the best way to ensure that competition law is effectively followed and its provisions not breached.
    The approach taken may vary between jurisdictions, but there is general acceptance that having a competition compliance programme is essential.

    What is a competition compliance report?

    Report on Competition Compliance Report on Competition Compliance Promoting a culture of compliance has long been an important non-enforcement tool for competition agencies in combating cartels and preventing other anti-competitive conduct, along with effective enforcement of competition law.

    Are compliance programmes relevant to the competition debate?

    Additional OECD research and country reporting were used to inform the study

    Chapters two and six explore reasons and challenges for adopting compliance programmes

    They may be of particular relevance to the competition debate

    Does competition law apply to business practices?

    Moreover, the application of competition law to business practices requires evaluation for in-house or advising attorneys, the line between compliance and non-compliance can, at times, be thin and will often depend on factual evaluation by compliance officers

    Some NGAs also identified potential misconceptions about competition law and compliance

    What is Competition Compliance Policy?

    Under the liability paradigm, competition policy thinks about compliance as ‘ex ante’ (e

    g training) and ‘ex post’ (e g the impact of a compliance programme on the fine level)

    That is the narrow essence of competition compliance policy, with some nuances around the globe ( OECD 2021, Competition Compliance Programmes )


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