In today’s world where over 90 antitrust authorities around the globe enforce antitrust laws, many companies have realized the benefits of a robust antitrust compliance program. These programs reduce the risk of costly antitrust investigations; the risk of liability for fines and for damages claims by customers or suppliers; the risk of reputational damage and the risk of being excluded from public tenders. Moreover, in some jurisdictions, having a compliance program in place can constitute a mitigating factor when setting fines.
EU Competition Law
However, designing and implementing a credible and cost effective antitrust compliance program that meets international standards is a complex and challenging task. There are many issues that a company must consider:
- Global antitrust laws and enforcement priorities are constantly in flux
- Antitrust compliance must be aligned with compliance efforts in other areas such as anticorruption (notably compliance with the U.S. FCPA or the UK Bribery Act) and trade sanctions
- The compliance program must be tailored to the specific business in order to avoid over-compliance and overly-restrictive measures that hamper legitimate business practices
- Employees must be trained
- Management must create a culture of compliance and proper incentives to ensure effective implementation of the program
Our multilingual and multijurisdictional team draws on decades of experience assisting our clients in identifying antitrust risks and developing and implementing tailor-made antitrust compliance programs, including experience advising in an in-house capacity. Our lawyers have real-world experience that gives them first-hand knowledge of the challenges globally operating companies face in implementing cost effective compliance programs and how to overcome those challenges.
Competition Law Insight
International Comparative Legal Guides (ICLG): EU Chapter
GCR Insight Europe, Middle East and Africa Antitrust Review 2020
State Aid, the Criterion of State Resources and Renewable Energy Support Mechanisms: Fresh Wind from Luxembourg in EEG 2012External Article
European Papers - European Forum
What Companies Need to Know About EU Antitrust Liability for their JVs and Minority-Owned Entities - Q&AFirm Thought Leadership
Baker Botts is sponsoring the 36th Annual AmCham Competition Policy Conference on 12 November in Brussels.
Baker Botts partners Peter Huston, Erik Koons, Matthew Levitt and John Taladay will be hosting a webinar on Everything You Want to Know About Cartels (But Were Too Afraid to Ask) and will be discussing the latest trends and challenges in cartel investigations and enforcement.
Paul Lugard, Partner Baker Botts will be speaking on Day 2, 22 November at 16:40 on Interactions Between IP and Competition Law.