Securing your competition compliance system

In a difficult economic context, marked by a sharp increase in production costs and the difficulty of passing on these increases in sales prices, the competition authorities are more vigilant to ensure that companies do not seek to reduce the intensity of competition on their markets through cartels or concerted practices.

Since 2012, the French Competition Authority in France has imposed more than €7.6 billion in penalties in all sectors of the economy and targeting companies of all sizes, from multinational groups to SMEs.

Upsurge in investigations by competition authorities

The Autorité de la concurrence regularly conducts investigations in order to detect possible anticompetitive practices, either following complaints or denunciations, or when it suspects that the conditions of competition are distorted due to consultation between the players (which may result in particular from exchanges within or outside professional associations).

These investigations can take several forms (e.g. simple investigations, heavy or "unannounced" investigations) and mobilize a large number of actors within the company over long periods of time, given the potential duration of the procedures.

Depending on the company's responses, a notification of objections may ensue, with a risk of financial (and possibly criminal) penalties that can be very heavy: up to 10% of global turnover.

Preventing the risk of infringement through a competition law compliance program

A competition compliance program makes it possible to:

train employees in competition rules, especially those most exposed, with a focus on complex situations where the solution may depend on a prior competitive analysis;
set "yellow lines" not to be crossed;
prepare the company to respond to an inquiry by an authority;
benefit from leniency in the event of a breach of the competition rules by an employee.

We are at your disposal to carry out an audit of your competition risks and, if necessary, to adopt compliance measures in line with the company's activity.

We can also rely on Isope's skills for the implementation of digitalized compliance solutions.

Contact

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Jean-Yves Trochon

Avocat au barreau de Paris

Senior Counsel

+33 6 13 88 57 52

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Hugues Boissel Dombreval

Avocat, Attorney-at-law

Associate Partner

+33 6 12 50 47 17

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