http://chillingcompetition.com/2012/09/12/compliance/ Relaxing whilst doing Competition Law is not an Oxymoron Sat, 15 Jun 2013 10:29:47 +0000 hourly 1 http://wordpress.com/ http://chillingcompetition.com/2012/09/12/compliance/#comment-15996 Mon, 17 Sep 2012 21:56:38 +0000 http://chillingcompetition.com/?p=5212#comment-15996 Considering the amount of the fines involved, I don’t think firms with a compliance program would become less risk averse in view of a reduction of only 10%. Also, the wording of the OFT guidance leaves ample room not to reward hypocritical programs. And as far as the clever managers that exploit the loopholes are concerned, I fully agree that they should receive handsome individual sanctions. But I find it quite right that their employers should get some slack if these managers clearly acted in breach of the company policy of compliance.

]]> http://chillingcompetition.com/2012/09/12/compliance/#comment-15898 Thu, 13 Sep 2012 12:03:32 +0000 http://chillingcompetition.com/?p=5212#comment-15898 I’m afraid I cannot agree. Corporate liability is/should be based on its “culpa in vigilando”. If the company demonstrates that it has used all reasonable means to avoid competition infringements by any of its employees, this should certainly be taken into account by competition authorities. Please see new article 31.bis. 4 os Spanish Penal Code which considers it as a mitigating factor (although more on the French style…).
http://www.cms-asl.com/Hubbard.FileSystem/files/Publication/a90955c3-bda5-4216-a0bc-2683ef3651ef/Presentation/PublicationAttachment/0555876b-3983-4928-94c0-27e3b1f885eb/Alerta_Competencia_Junio_2012.pdf

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