Compliance and Advocacy

The Joint ICC/CLO Task Force on Compliance Programmes sought to promote the importance of compliance programmes as an enforcement tool in antitrust law. The task force prepared a submission on compliance programmes with a view to continue the dialogue with the EC Directorate General for Competition on this important issue. The submission included:

• Comparative analysis of agency statements on antitrust compliance programmes
• CLO compliance “Blue Print”
• Compliance as an enforcement tool

In 2012, the reconstituted Task Force on Compliance and Advocacy launched the second phase of the initiative moving from discussion to action. The aims of the (new) task force are:

1. To produce practical toolkits on (antitrust) compliance across a spectrum of needs (from large corporate to SMEs), using the Compliance Blue Print as a road map;
2. To collect best practices in the operation of antitrust programmes around the world
3. To deepen the discussion and thought leadership with all stakeholders (including antitrust agencies both in Europe and outside Europe) on important topics related to Antitrust Compliance, such as:
   • Parent/subsidiary liability;
   • Parent / JV liability;
   • The interface between agency fining policy and compliance programmes (e.g. inter-relationship with leniency and recidivism)
   • The relationship between Antitrust Compliance programmes and settlements
   • To examine the relationship between various Compliance Risk areas (e.g. Antitrust, Anti-Bribery and Corruption, Anti-Money Laundering, Trade Control, Data Privacy etc,) and to examine the defences and mitigants that are available in other compliance areas;
   • To re-engage with antitrust agencies and ICC Competition Committees at national level;
4. To re-engage with antitrust agencies and ICC Competition Committees at national level;
5. To engage at ICN level, particularly through the Advocacy Working Group.