Book contents
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- 1 The Quest to Create an Effective Set of Competition Law Sanctions
- 2 The Role of Fines in the Toolkit of Competition Agencies
- 3 Sanctions on Legal Persons
- 4 The Effectiveness of European Antitrust Fines
- 5 Corporate Governance and Competition Law Sanctions
- 6 Antitrust Criminalization As a Legitimate Deterrent
- 7 Criminalization of Anticompetitive Conducts
- 8 “Consensus”-Based Sanctions and Commitments
- 9 Effectiveness of Commitment Decisions
- 10 Compliance Policies and Sanctions
- 11 The Role of Administrative Courts in the Effective Enforcement of Competition Law Sanctions
- 12 Civil Sanctions in Antitrust Public Enforcement
- 13 What Role for Private Enforcement in EU Competition Law?
- 14 The Insights of Labor Law
- 15 Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction
- 16 Catholic Teaching on Just Punishment, Especially in Connection with Financial Matters: According to the 1983 Code of Canon Law
- Part II Country Reports
10 - Compliance Policies and Sanctions
The US, EU and UK Perspectives
from Part I - General Chapters
Published online by Cambridge University Press: 29 July 2022
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- 1 The Quest to Create an Effective Set of Competition Law Sanctions
- 2 The Role of Fines in the Toolkit of Competition Agencies
- 3 Sanctions on Legal Persons
- 4 The Effectiveness of European Antitrust Fines
- 5 Corporate Governance and Competition Law Sanctions
- 6 Antitrust Criminalization As a Legitimate Deterrent
- 7 Criminalization of Anticompetitive Conducts
- 8 “Consensus”-Based Sanctions and Commitments
- 9 Effectiveness of Commitment Decisions
- 10 Compliance Policies and Sanctions
- 11 The Role of Administrative Courts in the Effective Enforcement of Competition Law Sanctions
- 12 Civil Sanctions in Antitrust Public Enforcement
- 13 What Role for Private Enforcement in EU Competition Law?
- 14 The Insights of Labor Law
- 15 Human Rights Jurisprudence and the Effectiveness of Competition Law Sanction
- 16 Catholic Teaching on Just Punishment, Especially in Connection with Financial Matters: According to the 1983 Code of Canon Law
- Part II Country Reports
Summary
Péter Sükösd summarizes the main drivers for creating competition law compliance programs by detailing the criteria for an effective program. He first analyzes the US approach to general compliance and competition law compliance programs, then the European Commission’s and EU member states’ and the UK's. Competition authorities in the US, EU and UK acknowledge the positive effects of competition law compliance programs,but there is a group of countries that believes that these programs mainly serve the interest of companies, by anticipating and preventing potential infringements, and thus mitigating fine risks, and that therefore there should be no further rewarding action from the state’s side. Some competition authorities, including the European Commission, go even further: they claim that the existence of competition law infringement is a clear sign of the failure of such programs, hence they should never be rewarded. Due to different compliance cultures, the author does not see the chance for a uniform approach to rewarding competition law compliance programs. This might be why the topic of competition law compliance programs is missing from the ECN+ Directive that provides for minimum guarantees and standards to empower national competition authorities to reach their full potential.
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- The Cambridge Handbook of Competition Law Sanctions , pp. 181 - 192Publisher: Cambridge University PressPrint publication year: 2022