Ensure regulatory compliance
How to comply with applicable antitrust rules
Today’s companies operate in highly interconnected markets and are subject to scrutiny by the authorities. Even minor agreements between competitors can result in heavy fines and damage an organization’s reputation. Antitrust compliance therefore encompasses all internal company measures aimed at ensuring compliance with applicable competition rules and preventing violations at an early stage.
Build understanding
What is antitrust compliance?
Antitrust compliance involves all the organizational, personnel and technical measures that a company implements to prevent antitrust law violations. The core areas of antitrust law include:
- the prohibition of cartels (e.g., price or quantity agreements)
- the prohibition of abuse (prevention of abuse of a dominant market position)
- merger control (timely notification of mergers)
An effective compliance program has two objectives:
- Prevention through clear rules
- Training and early detection through controls and whistleblower systems
This ensures that all employees behave in accordance with the rules.
Build trust
Why is antitrust compliance so important?
The importance of antitrust compliance has increased significantly in recent years. The reasons for this are:
- High fines: Competition authorities can impose penalties of up to 10% of a company’s global annual turnover.
- Personal liability: Board members, managing directors, and managers can also be held responsible for violations.
- Civil law claims damages: Easier rules of evidence for plaintiffs lead to high damages payments, including interest and joint and several liability of the cartel participants towards the injured parties.
- Reputational damage: Cartel proceedings that become public lead to a loss of trust among customers, investors, and business partners.
- Exclusion from public tenders: Entry in the competition register and exclusion from public tenders by state authorities.
Know the causes
Typical risks in everyday life
Many violations can arise not only from planned agreements, but also from everyday work situations, such as informal conversations with competitors at a trade fair or within an association committee. There is a risk here that careless statements could be interpreted as anti-competitive agreements. Using messaging services or shared algorithms for price management can also pose risks. It is therefore crucial to prepare employees for these scenarios and set clear guidelines.
Solutions for users
Key elements of a compliance program in antitrust law
A practical program should include at least the following components:
- Employee management
It must be clearly communicated to all employees of a corporate group that violations of antitrust law will not be tolerated - Risk analysis
Every company has different risk factors, such as price fixing in sales or purchasing, exchanges in industry associations, or distribution systems. A systematic risk assessment is the basis for an effective set of rules - Rulebook
Employees need clear instructions: What information may be shared with competitors and what may not? Those Checklists help to better assess critical situations - Training
Regular training ensures that all relevant employees understand the basics of antitrust law. - Monitoring and whistleblower systems
A system for reporting potential violations in a confidential or anonymous manner is known as an internal reporting channel. At the same time, it is necessary to conduct audits and implement controls to actively monitor risks - Documentation and continuous improvement
All measures must be documented and reviewed regularly. This is the only way to demonstrate the effectiveness of the compliance program when it is implemented.
Digital solutions
Antitrust management as a solution
Modern companies are increasingly supplementing their compliance structures with digital solutions. Examples include:
- Screening software that automatically checks tender or price data for irregularities
- Communication guidelines and tools that identify risky wording in emails or chats
- Whistleblower systems that digitally document reports in an audit-proof manner
- Antitrust management systems with an antitrust contact register and included training measures
Although such tools do not replace the work of compliance officers, they can help control contact with competitors and identify risks early on. This allows compliance officers to design programs that are technically future proof, not just on paper.
Successful programs are based on clear leadership, systematic risk analysis, regular training, and a culture of integrity. Digital elements, such as screening tools and secure whistleblower systems, can effectively support this work.
For compliance officers, implementing antitrust compliance not only protects their own company, but also builds trust with business partners and authorities.
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