Compliance Programs – The Italian Competition Authority Highlights The Importance Of An Effective Implementation And Update

On 19 January 2017, the Italian Competition Authority (the Authority) issued a decision concerning alleged anticompetitive agreements in the home ventilotherapy and home oxygentherapy supply services sector in Italy. The decision acknowledges the importance of implementing and updating effective compliance programs, in order to be able to benefit from a mitigation of the fine.

In setting up the fines, the Authority noted that three of the companies involved in the alleged infringements had updated their compliance programs during 2016, before receiving the Authority's statement of objections, in order to improve their efficiency. Furthermore, the companies effectively implemented the compliance programs by carrying out training sessions involving all employees, executives and senior managers, in order to raise awareness of applicable competition laws. Therefore, the Authority granted these companies a 5% reduction of the fine. The Authority rejected instead the