with competition law as the consequences of breaking the law
can be disastrous for you and your business. For this reason,
introducing an effective compliance programme can help you
and/or your business reduce the risk of breaking the law.
Remember, think compliance.
practices to identify areas where competition law
compliance might be an issue. It might be a good idea to
do an internet search on competition law/antitrust
infringements in your particular industry, where you can
learn from the mistakes of others and include specific
countermeasures in your compliance programme to reduce
the risk of making the same mistakes. Have a look at
previous cases on the Competition Authority's website
(http://www.tca.ie/) and the European Commission's
website (http://ec.europa.eu/competition/index_en.html).
management, declaring that the business is committed to
complying with competition law and by agreeing to
implement a formal programme to ensure compliance. At
the same time a senior person within the organisation
should be appointed as compliance officer. Such a person
should also have a deputy appointed so as to provide
should know the business well and should preferably not
be involved in the most common problem areas such as
sales and marketing or trade association activities.
compliance programme suitable for your business, based
on the risks you have identified. This will include drawing
up a written document outlining the programme and
procedures for non-compliance. You may want to refer to
legal advisers/specialist compliance advisers for assistance
in this regard. If you discover any breach of competition
law during the planning phase you should immediately
seek legal advice, as you may want to avail of the Com-
petition Authority's Cartel Immunity Programme as soon as
possible.
be rolled out to all staff. Everyone within the organisation
should understand what the programme is about, who the
compliance officer is, why it is good for the business and
important to adhere to it and understand the
implications of failing to comply. Ongoing training in this
regard is important and it is a good idea to link the
compliance programme to performance management and
other staff/business policies. Do not be afraid to ask
hard questions: e.g. "what do we need to change in our
business to ensure compliance? Might our employees