B UNDES W ETTBEWERBS B EHÖRDE. SOFIA COMPETITION FORUM 12 th November 2012. B UNDES W ETTBEWERBS B EHÖRDE. Advocacy as a tool for voluntary compliance. Goal: maximize voluntary compliance with competition law
SOFIA COMPETITION FORUM
BUNDESWETTBEWERBSBEHÖRDEAdvocacy as a tool for voluntary compliance
UK Study 2011 on deterrence identified three key pillars of compliance that are closely interlinked and support each other:
In Austria distinguish two types of actions:
UK study shows that tools and sanctions are important drivers of compliance. Most important are fines to the company, reputational damage to the company and criminalsanctions
→ needeffectiveenforcementtools to ensurecompliance
2. Explaining/promoting the aims and scope of the laws;
Especially small and medium undertakings often lack precise knowledge, do not have a compliance officer etc.
3. Input in the legislative process
4. Interact successfully with the courts
5. Relations with regulatory bodies in specific sectors
Try to show the business community the choices/advantages competition offers!
“competition policies in countries with economies in transition and in developing countries have been adopted in an environment where economic activity was formerly fairly concentrated, mostly as a result of past government policies and intervention. For this reason, these laws might be seen as instruments for speeding up the process of change in which economic activity is in principle defined by private ownership and market forces rather than by State ownership and control”
Examples of further promoting voluntary compliance in Austria:
Summary of decisions by the cartel Court
latest developments (e.g. conducted dawn raids in private houses!)
small audience, open and more detailed discussion, less organizational effort
Thank you for your attention!