In this issue:
Compliance has been hot lately. Recent debates concern compliance monitors (see Apple eBooks); the disparity in consideration sister agencies may give to compliance programs, (yes for corruption, no for cartel involvement?); differences among global authorities; even how to design an adequate compliance program—are screens applicable? While debate is ongoing, the trend is definitely towards encouraging more sophisticated compliance programs (see AU Optronics). With the help of Guest Editor Joe Murphy, we’re happy to bring you the latest info.
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Compliance Complexities
Agency Assessments of Compliance Programs
No matter what an agency may say in speeches about the importance of compliance and ethics efforts, if it ignores good programs in practice, then businesses will correctly read the real message: programs do not count. Joe Murphy (Compliance Strategists)
Why You Should Love Your Antitrust Compliance Monitor
The monitor then can become a kind of insurance policy. Theodore L. Banks (Scharf Banks Marmor)
Antitrust Snoops on the Loose
It is time for courts to start questioning requests for monitors under the Sherman Act. Keith N. Hylton (Boston University)
Antitrust Compliance 2.0: The Use of Structural Analysis and Empirical Screens to Detect Collusion and Corruption in Bidding Procurement Processes
A compliance program, with the use of screening, helps position a company to win a race for leniency. Rosa M. Abrantes-Metz (Global Economics Group & New York Univ.) & Elizabeth Prewitt (Hughes Hubbard & Reed)
Antitrust v. Anti-Corruption Policy Approaches to Compliance: Why Such A Gap?
Different liability regimes may explain why, in some jurisdictions, competition law and anti-corruption agencies have very contrasted approaches to compliance programs. Florence Thépot (University College London)
Enforcers’ Consideration of Compliance Programs in Europe: A Long and Winding—but Increasingly Interesting—Road
Although the European Commission’s position remains that compliance programs are beneficial in assisting companies to avoid breaches of competition law, the increasing willingness of other competition authorities in Europe to take compliance measures into account in decisions relating to liability provides a further compelling reason to implement rigorous, bespoke compliance arrangements, in case the worst should happen. Nathalie Jalabert-Doury, David Harrison, & Jens-Peter Schmidt (Mayer Brown)
The Need for Compliance & Ethics in Latin America
I think there are compelling reasons for paying more attention to compliance programs, even over fundamental reforms to the statutes. It is time to make a profound paradigm-shift. Javier Tapia (Chilean Competition Tribunal)
