LEGAL PRACTICE : PROGRAMMES DE CONFORMITE - MANDATORY COMPLIANCE MECHANISMS - SAPIN II LAW

Competition Compliance 2.0

Over the past decade, competition authorities have encouraged companies to deploy competition compliance programs and have developed numerous recommendations to that effect. At the same time, other compliance mechanisms were developed notably in the financial regulation and fight against corruption fields. But unlike competitive compliance, which remains optional, these compliance schemes are now imposed by the texts. This is reflected in the "Sapin II"French law on transparency, the fight against corruption and the modernization of economic life of 8 November 2016. Mandatory compliance programs are setting the standards for organization of conformity in companies. In this context, competition compliance should either merge into these compliance mandatory organization, or be marginalized. The present analysis proposes several ways to ease this integration, while maintaining the subject of competition at the heart of the companies compliance function.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. Competition compliance was originally inspired by the 1991 [1] U.S. Federal Sanctioning Guidelines, which set out seven conditions for an effective [2]compliance program. In the early 2000s, the recommendations of the US federal guidelines prompted several European competition authorities to get involved in the compliance issue. Thus, in 2007, the Competition Council issued a series of decisions in which it agreed to reduce the amount of sanctions imposed on companies, provided that the latter undertook to implement training, monitoring and internal communication measures on compliance with competition [3]rules. In 2011, several authorities are

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Jean-Baptiste Siproudhis, Competition Compliance 2.0, February 2017, Concurrences N° 1-2017, Art. N° 83481, www.concurrences.com

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