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Complying with Competition Law
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It is therefore preferable for the person carrying out the
analysis and risk assessment not to be involved in either the
sales or marketing departments.
The person responsible for the review should carry out an
in-depth probe of the business' competition compliance risks.
They should be given full access to all of the business' relevant
records (including records relating to price changes, refusals to
supply and trade association activities) and interview relevant
staff members and management.
Having identified the compliance risks, an assessment needs to
be done to determine the extent of the risks.
A risk analysis and assessment report to senior management
and directors (particularly non-executive directors) should include
a summary of the process followed and the methodology used,
the risks identified and a rating for each risk, e.g. high, medium
or low.
The report should highlight any possible breaches of
competition law that were found, as well as potential solutions.
It is important to bear in mind though that at the first sign
of any breach of the law, it is best to immediately seek
professional legal advice.
Finally the report should propose measures and controls to limit
any of the potential risks identified, as well as steps to ensure
that new risks do not emerge.
Stage 2: Planning and development
Having identified and examined all of the potential compliance
risks or concerns, the next step is to plan and develop a
compliance programme that is fit for purpose for your business.
It is imperative that the programme is tailored specifically to the
needs of your business or association.
The compliance programme will be based on the analysis and
risk assessment that you did and on the nature and size of the
business.
The support of management is vital so that the necessary
resources needed to plan and develop the programme are
provided. A formal and continued commitment from
management to the programme is essential.
The analysis and risk assessment stage
typically involves:
·
an examination of the business operations,
including agreements and processes, as well as
staff conduct and practices
·
analysis of the relevant competition law rules
·
analysis of market conditions
·
identifying relevant compliance risks
·
assessing the level of risk
·
measures to remove such risks
·
steps to address any potential breaches of
competition law