By Johannes Paha
This booklet reports and offers antitrust legislation compliance programmes from varied angles. those programmes were more and more applied and sophisticated through agencies over fresh years, and numerous elements of this subject were researched. The contributions during this booklet expand past the remedy of felony matters and exhibit how attorneys, economists, psychologists, and enterprise students will help layout antitrust legislations compliance programmes extra successfully and run them extra efficiently.
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Extra resources for Competition Law Compliance Programmes: An Interdisciplinary Approach
Recommendation of the initiative Corporate Governance of the German housing industry). Concerning the customers of a firm, the reasons for implementing a CMS can be split into two groups. The first one is to construct a unique selling point, and the second is to meet the requirements of important customers. Thereby, a compliance programme was occasionally considered as a way to gain a competitive advantage that can enhance the value of a company. Second, a necessity to implement a CMS can also be inferred from a variety of laws and regulations.
In the European Union, the Commission has never granted a fine reduction because of the existence of a CLCP at the time of the infringement (see Wils 2013). However, in some of its older decisions between 1982 and 2001, the Commission reduced the corporate fines in case of full cooperation of the respective firm and proof of undertaken measures to implement a CLCP to avoid future infringements. In its more recent decisions since 2001, however, the Commission (as well as the European courts) refrained from providing such fine reductions as they do not alter the reality of the infringement found in the respective case (see Wils 2013).
In this context of a rather large spectrum of proposals on how to treat CLCPs in the fine setting procedure, we aim at providing an overview of the most important arguments from both ends of the spectrum. We will proceed by, first, describing the main arguments raised in an article by Wils (2013) and the reply to this article by Geradin (2013). Second, we add further important arguments brought forward in additional law and/or economics articles. In his seminal article, Wils (2013) acknowledges the positive effects of CLCPs for competition law enforcement,15 however, argues that CLCPs should neither be considered as aggravating nor as mitigating factor in the fine setting procedure.