January 28, 2014
I work on many competition compliance programs and with a variety of organizations ranging from corporations to trade and professional associations. Questions that often arise in the context of compliance include “what is required” and “what is effective”? In Canada, competition law compliance programs are not legislatively required under the Competition Act but the federal Competition Bureau (Canada’s competition law regulator) recommends that organizations adopt compliance programs and include five essential elements. In practice, effective compliance strategies can range from full programs (with a compliance manual, slide presentation, compliance policy and periodic training and education) to the adoption and use of compliance guidelines for key (and potentially high risk) activities.
Along the lines of these topics, earlier today I read a very good and practical discussion of competition law compliance programs written by the U.S. law firm Millbank, Tweed, entitled “2014: The Year of Anti-Trust Compliance? How To Get It Right: The Insider’s View”. This new note discusses, among other things, what types of compliance materials to adopt, what works and what doesn’t (according to those who know – in-house counsel), some of the training and education options and high-level strategies for effective compliance.
Introduction:
“2014 promises to be another active year, both for UK anti-trust regulators and the European Commission. Enforcement levels and severe fines have made it difficult for companies who got it wrong in 2013. It is no surprise that 2014 may see an even heavier in-house counsel focus on compliance.
But getting compliance right is not easy. Experience suggests that there are a variety of valid approaches, but some degree of anxiety as to whether current best practice was being achieved.
We asked a number of leading in-house legal teams (with and without dedicated anti-trust functions) about their experiences, the scope of their anti-trust compliance regimes, what works well and areas where they are seeking improvement.
In this briefing, we summarise the (sometimes surprising) findings of this survey. We also point to just some of the other areas that will be in the anti-trust spotlight in 2014.”
For a copy of the complete article see: 2014: The Year of Anti-Trust Compliance? How To Get It Right: The Insider’s View.
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We are a Toronto based competition and advertising law firm offering business and individual clients efficient and strategic advice in relation to competition/antitrust, advertising, Internet and new media law and contest law. We also offer competition and regulatory law compliance, education and policy services to companies, trade and professional associations and government agencies.
Our experience includes advising clients in Toronto, across Canada and the United States on the application of Canadian competition and regulatory laws and we have worked on hundreds of domestic and cross-border competition, advertising and marketing, promotional contest (sweepstakes), conspiracy (cartel), abuse of dominance, compliance, refusal to deal and pricing and distribution matters. For more information about our competition and advertising law services see: competition law services.
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For more information about our firm, visit our website: Competitionlawyer.ca
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