Can Compliance Programmes Contribute to Effective Antitrust Enforcement?

Competition Law Compliance Programs: An Interdisciplinary Approach, Chapter 9, Forthcoming

14 Pages Posted: 9 Jun 2016

See all articles by Florence Thépot

Florence Thépot

University of Glasgow; Droit & Croissance (Rules for Growth)

Date Written: June 7, 2016

Abstract

This chapter discusses the significance of corporate compliance programmes as a competition enforcement tool. Current enforcement challenges in the fight against collusive practices that are, a low probability of detection and under-deterrence of corporate fines, raise the need to move away from a strictly sanctions-based type of enforcement. It is argued that competition authorities should steer companies’ incentives towards implementing effective compliance programmes. Rewarding effective compliance programmes in the context of an investigation can improve the effectiveness of corporate sanctions in providing ex ante incentives to companies to deter and detect illegal behaviour internally. Outlining the key foundations of an effective compliance programme, this chapter also helps understanding how and when competition authorities should reward the compliance efforts of companies.

Keywords: Compliance, Antitrust, Enforcement, Anti-Corruption, Agency Relation

JEL Classification: L40, L41, L49, K21

Suggested Citation

Thépot, Florence, Can Compliance Programmes Contribute to Effective Antitrust Enforcement? (June 7, 2016). Competition Law Compliance Programs: An Interdisciplinary Approach, Chapter 9, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2791638

Florence Thépot (Contact Author)

University of Glasgow ( email )

5-9 The Square
University of Glasgow
Glasgow, G12 8QQ
United Kingdom

Droit & Croissance (Rules for Growth) ( email )

c/o Institut Louis Bachelier
29 place de la Bourse
Paris, 75002
France

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