Competition compliance programmes

8 June 2021 OECD Virtual Event

Compliance programmes can be helpful complements to public enforcement activity: ideally by preventing competition law violations in the first place. Important developments have taken place since the last OECD discussion on compliance programmes in 2011. Many OECD competition agencies have implemented changes in their enforcement and sanctioning policies regarding competition compliance programmes. Furthermore, we have also seen the rise of interesting advocacy initiatives to promote compliance.

The discussion in June 2021 explored if agencies have empirical evidence that compliance programmes lead to a decrease in the probability of violations or their gravity, and what the reasons for policy changes in agencies’ promotion of compliance or recognition of compliance efforts are. Another focus was on the main characteristics for effective compliance programmes, as developed in case practice and guidance by agencies. Closely related, trends and experiences in advocacy measures were also discussed, and how agencies ascertain that these measures are effective and sufficiently targeted.

The roundtable also shed some light on experiences from other compliance fields, for example, anti-corruption, and how they can inform competition compliance policies. Lastly, agencies were invited to discuss the impact of developments in areas such as individual liability, debarment and director disqualification, digitalisation, and gender balance on boards and in senior management functions on current and future compliance policies.