EU Competition Law Compliance Update

The European Commission and national competition regulators in the EU continue their unremitting fight against anti-competitive practices of all types. Corporate fines can be high, but regulators increasingly see potential personal liability, including imprisonment for certain practices, as the most effective deterrent.

The best defence for a company and its employees against competition law risk is the introduction and maintenance of an effective competition law compliance programme. Indeed, regulators assume that well run companies will have such a programme in place. One of the key benefits of a programme is that, if it results in an infringement being found, the company and its employees may be able to take advantage of whistleblowing or "leniency" procedures, which provide full or partial immunity from regulatory action.