Competition Law compliance
In June 2011 the OFT published new guidance for businesses on competition law compliance. This includes specific advice for directors, general guidance for all businesses, a quick guide to competition law compliance and a short film.
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Background
These resources build on the findings of the OFT's research report into the Drivers of Compliance and Non-Compliance with Competition Law OFT1227 (pdf 736kb) published in May 2010, which identified the need for a risk-based approach to competition law compliance.
The OFT believes that directors are key to establishing and maintaining an effective compliance culture within their company. In order to determine the extent of the director's responsibility for the infringement of competition law, the OFT will take into account the individual director's level of commitment to competition law compliance and the steps he/she took to prevent, detect and bring to an end infringements of competition law by the company.
Quick guide and press release
Quick guide on Competition law compliance
The OFT's Quick Guide on Competition Law Compliance is aimed at the owners and directors of small businesses. It combines content from both the general guidance and guidance for directors documents.
- Download the quick guide (pdf 232kb)
OFT's four step compliance wheel
This wheel explains the four steps which the OFT recommends businesses take to ensure compliance with competition law.
Static PDF and JPEG versions:
Download a PDF version (pdf 1 kb)
Download a JPEG version (jpg 54 kb)
The four-step process is also available in interactive form:
Download the interactive graphic (swf 1 kb)
Competition compliance film
'Understanding competition law' is a short film which includes acted out footage of a dawn raid as well as interviews with competition law specialists explaining what competition law is, why it is important, and how businesses can implement the OFT's suggested four-step process for competition law compliance.
This film is viewable in separate chapters.
-
Order
OFT1339 'Understanding competition law' DVD
DVDs can also be ordered by calling 0800 389 3158 and asking for a copy of OFT1339 or emailing oft@ecgroup.co.uk
Competition Law Compliance guidance and research
Guidance
Guidance for directors
OFT1340 Company Directors and competition law (pdf 317kb) sets out guidance for directors on their responsibilities under competition law. This document is intended to explain the level of understanding of competition law that company directors are expected to have. It highlights the steps they should be taking to prevent, detect and bring to an end infringements of competition law within their company.
- Directors Guidance: Company directors and competition law (OFT1340) (pdf 317kb)
-
Directors Summary of Responses: Company directors and
competition law
Summary of responses to the OFT's consultation and OFT's conclusions and decision documenttion law (OFT1277resp) (pdf 249kb)
These resources also follow on from the OFT's June 2010 consultation on guidance on Director disqualification orders in competition cases (OFT510) (pdf 897kb). In response to the consultation on that guidance some respondents asked the OFT to provide further guidance for directors on their duties under competition law.
Specifically, respondents asked the OFT to explain what level of competition law knowledge it expects directors to have and what steps it believes are reasonable for directors to take to detect and prevent infringements of competition law. The OFT committed to do so in its summary of responses and decision document following that consultation (OFT1244) (pdf 276kb).
Guidance for all businesses
Guidance OFT1341 How your business can achieve compliance (pdf 371kb), sets out the OFT's recommended risk-based four-step approach to achieving a competition law compliance culture. The guidance also makes it clear that the OFT will not, save in exceptional situations, regard a competition law compliance programme as a factor warranting an increase in the amount of the penalty.
OFT1340 and OFT1341 (listed above) are complementary and directors should read both documents when considering how to achieve compliance with competition law within their company.
- Compliance Guidance: How your business can achieve compliance with competition law (OFT1341) (pdf 371kb)
- Compliance Summary of Responses: How your business can achieve compliance - summary of responses to the OFT's consultation and OFT's conclusions and decision document (OFT1278resp) (pdf 277kb)
Research
Competition Law Compliance survey
Prepared for the Office of Fair Trading by Synovate (UK) Ltd
The OFT commissioned Synovate to undertake independent quantitative research to update its understanding of businesses and their experience of potential breaches of competition law.
- Download OFT1270 Competition Law Compliance survey, June 2011 (pdf 532 kb)
Contacts
Contacts
Team Leaders:
Steven Preece (020 7211 8364) steven.preece@oft.gsi.gov.uk
Bethan Watts (020 7211 8564) bethan.watts@oft.gsi.gov.uk
Project Director:
Jackie Holland (020 7211 8447) jackie.holland@oft.gsi.gov.uk
Senior Responsible Officer:
Cavendish Elithorn (020 7211 8170) cavendish.elithorn@oft.gsi.gov.uk
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