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Drivers of Compliance and Non-Compliance with Competition Law

Jackie HollandDirector of Competition Policy

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Discussion with ICLA

● Overview of OFT project

● Questions to discuss:

- What are the key drivers of competition law compliance within your businesses?

- If a slip up occurs, what tend to be the reasons for this?

- What are the essential elements to creating a competition law compliance culture within a business? What is current best practice in competition law compliance?

- Is it possible to evaluate the effectiveness of a compliance culture? If so, how?

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Key Drivers of Compliance

●Sticks - risks of:

- Fines

- Director disqualification

- Criminal cartel offence

- Reputational damage

- Private actions

●Carrots: what are these?

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What are the key reasons for non-compliance?

Ambitious bonus targets

“Rogue” employee

Possible drivers of non compliance?

Overloaded with work

Personal ego of employees

Lack of awareness and understanding

Others?

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What are the key elements for an effective competition law compliance culture?

Support of senior management Appropriate policy and procedures

Key elements to an effective

compliance culture

TrainingRegular evaluation of the compliance programme

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What is current best practice in competition law compliance?

Bespoke competition compliance training

Best practice in competition compliance

Competition compliance audit

Mock dawn raids

Formal competition compliance programme

Reporting system

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Effectiveness of a competition law compliance culture●Is it possible to evaluate the

effectiveness of a competition law compliance culture?

●If so, how?