The range of my services covers in particular the following aspects:
- Preparation of antitrust compliance guidelines tailored to the specific needs and risk-exposure of your business
- In-house seminars on antitrust rules and risks
- Assistance with internal investigations
- Solution-oriented analysis of business strategies in view of antitrust compliance
Decision-makers and sales executives are generally aware of the requirements set by antitrust law today. They know that agreements between competitors regularly qualify as cartels and that the consequences of an infringement – fines, damages, loss of reputation, exclusion from public contracts – make the taking of corresponding risks economically unreasonable, especially in view of the high probability of detection.
Proactive measures aimed at preventing and detecting infringements of antitrust law nevertheless remain indispensable. Cartel agreements continue to be entered into. Economic predicament, personal attachment and consideration, the tendency to hold on to mistakes as well as unrealistic business targets may account for this. Likewise, cartel infringements may not appear so obviously as objectionable to economic operators as is the case with traditional criminal offences or infringements of professional ethics. In addition, there often exist risks in vertical relationships with business partners or co-operations that cannot be straightforwardly qualified as antitrust infringements. Likewise, the scope of the prohibition of abuse of dominance and the distinction between the still allowed and the prohibited can require a more in-depth analysis.
I offer support to your company in antitrust compliance and can draw on a wealth of experience acquired in providing in-house training and assisting in internal investigations. To my experience, unambiguous communication on compliance policy and comfort to exposed employees (if appropriate) are key to the avoidance and detection of antitrust risks. Frequently, an effective compliance programme requires preliminary measures with regard to labour law and data protection law provisions, for which I typically involve qualified colleagues.