Can compliance programmes contribute to effective antitrust enforcement?

Abstract

This chapter discusses the significance of corporate compliance programmes as a competition enforcement tool. Current enforcement challenges in the fight against collusive practices that are, a low probability of detection and under-deterrence of corporate fines, raise the need to move away from a strictly sanction-based type of enforcement. It is argued that competition authorities should steer companies’ incentives towards implementing effective compliance programmes. Rewarding effective compliance programmes in the context of an investigation can improve the effectiveness of corporate sanctions in providing ex ante incentives to companies to deter and detect illegal behaviour internally. Outlining the key foundations of an effective compliance programme, this chapter also helps understanding how and when competition authorities should reward the compliance efforts of companies.