Tuesday, March 5, 2013
Posted by D. Daniel Sokol
Bruno Lasserre, Conseil de la Concurrence discusses Compliance as an Effective Tool of Competition Enforcement: The French Example.
ABSTRACT: The establishment of robust corporate compliance programmes is beneficial to firms individually as well as to the economy as a whole by helping prevent anti-competitive behaviour. Competition authorities worldwide have sought to stimulate such voluntary compliance by issuing detailed guidance but also, under certain circumstances, by incentivizing firms into adopting effective compliance programmes. This contribution considers the different approaches followed by competition authorities, especially with regard to the balance authorities have struck between advocacy and enforcement tools and the way these mutually reinforce each other. Against this backdrop, this contribution further explores the path chosen by the Autorité de la concurrence, built on a reasoned support of compliance as a pillar of enforcement.