Antitrust compliance and compliance programmes

1 Antitrust compliance and compliance programmes Corporate tools for competing safely in the marketplace English version compliance with competition law: Why talk about compliance ? C. ompanies conduct their business in a complex legal and regulatory environment. The ability to control the risks that . can stem from breaching these rules is a major asset. As a result, an increasing number of companies have taken proactive measures to prevent and anticipate risks in areas such as Anticipating risks . corruption, stock market and financial fraud, public safety, health and environmental protection.

2 The Autorit encourages companies, regardless of their size or the sector in which they evolve, to invest in Antitrust compliance . Bruno Lasserre President of the Autorit de la concurrence ontents PROMOTING A CULTURE OF compliance P3. WHY SET UP A compliance programme ? P5. HOW TO STRUCTURE A compliance programme P8. compliance programmes MAY BE TAKEN INTO CONSIDERATION P10. IN THE EVENT OF ANTICOMPETITIVE AGREEMENTS OR ABUSES. OF A DOMINANT POSITION. This brochure, which is published in French and English, aims to enhance public access to information about the missions and activities of the Autorit de la concurrence.

3 It does not constitute professional or legal advice and its content is not binding on the Autorit . PROMOTING. A CULTURE. OF COM PLI A NC E. The Autorit de la concurrence supports companies' compliance efforts The purpose of this guide is to help you understand how compliance with competition rules can prove to be a The Autorit de la concurrence enforces winning investment for your company, whether you are a competition rules in order to ensure effective SME or a multinational corporation. It describes some of competition on the market place.

4 It is an the best practices' identified in that respect and independent administrative agency established suggests practical initiatives that can be undertaken by French law, which specialises in making regardless of a company's size or other characteristics. expert assessments of the functioning of markets, conducts prior review of merger transactions and detects and punishes and enforcement practice (merger review, anticompetitive practices. The mission of the leniency and settlement procedures, financial Autorit is thus not limited to competition law penalties, etc.)

5 Enforcement, under the control of review courts as well as other courts, in particular criminal The Autorit is aware that the efforts made by courts. Its duties also include competition organisations in order to comply with advocacy. That is why the Autorit encourages competition rules need to be encouraged. companies to adopt a proactive strategy The Autorit supports undertakings in to prevent or minimize the risk of breaching preventing breaches to competition law. For this the rules prohibiting anticompetitive purpose, a guide of good practices (see page 8).

6 Agreements and abuses of dominance. has been published in February 2012 with a view to assisting companies that wish to set up The Autorit performs this part of its duties inter or improve a competition law compliance alia by regularly issuing opinions and programme . This guide was preceded by a broad recommendations, in particular on general public consultation in 2011, which gave competition issues. Furthermore, the Autorit stakeholders an opportunity to make also publishes guidelines, documents that suggestions on its content and its practical explain certain aspects of its procedures, policy utility.

7 Antitrust compliance and compliance programmes 2 3. compliance programmes enable companies to In those cases, the Autorit has also sought to prevent infringements to Antitrust rules. If such prevent reiteration of anticompetitive misconducts occured anyhow, compliance behaviours and, more broadly, to successfully programmes increase the likelihood of detecting steer the company towards voluntary and subsequently remedying them. Therefore, compliance with the rules. for companies that wish to act pre-emptively, such programmes can become a useful risk However, the issue of compliance programmes is management tool.

8 Obviously not limited to companies that are being investigated by the Autorit . On the contrary, a growing number of companies, Encouraging a culture of ranging from SMEs to multinationals, in with a view to obtaining concrete results numerous business sectors, have taken the lead in establishing such programmes pre-emptively. The French Competition Authority, like several Such a strategy requires the involvement and of its European peers, has decided to publish the commitment of the company's top the current brochure in order to clarify what management.

9 Even though this is a key element, compliance with Antitrust rules means. In it is not sufficient. Other important components addition to that, the Autorit has issued a guide of compliance programmes include issuing of good practices on compliance programmes , information to the entire management and that explains its position on the issue and relevant workforce of the company, raising provides a set of tips that can be helpful in awareness to competition rules, as well as building a successful compliance programme .

10 Setting up other tools. The features that may Moreover, this guide explains under what be viewed as being important step-stones of conditions such programmes may be taken into an effective compliance programme are detailed account in the specific context of the settlement on page 8. procedure. This guidance document is based upon the already significant enforcement practice of the Autorit in this respect. Since 2003, the Autorit has accepted, in the specific framework of this procedure, commitments consisting in setting up or enhancing compliance commitments proposed by companies.