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What is a compliance
programme and why is it
important?
Complying with Competition Law
03
Businesses and trade associations can try to make sure they
operate within Irish and European Union competition law by
introducing and running an effective competition law compliance
programme. Having an effective compliance programme in place
not only reduces the risk of breaking the law but helps create a
culture of compliance, which in turn gives the business a
competitive edge and can lead to improved performance.
A compliance programme is a way for your business to strive for
compliance with competition law and consists of a set of
guidelines that help a company to monitor itself and its
operations. It should be aimed at identifying and reducing the
risk of breaking the law and properly addressing any breach that
may have taken place.
A compliance programme normally forms part of the risk
management within a business, where compliance with other
legal and social obligations, such as health and safety, are
managed and codes of conduct are adopted to avoid problems
like bribery and corruption.
Every business needs to design a compliance programme that
suits its particular needs. The type of compliance programme
your business adopts will depend on the structure and conditions
of the market your business is operating in and the size and
structure of your business.
Large businesses operating in high risk or complex markets may
wish to have a compliance programme designed by a
competition law expert. The important thing is that the
programme should have full commitment from management.
Proper implementation, training and constant review of the
programme is just as important. The best or most expensive
compliance programme is useless if it is left on a shelf to gather
dust.
For smaller businesses a compliance programme does not need
to be costly but does need to be implemented fully, with proper
training given to staff. The compliance programme should also
be reviewed regularly.