Competition law compliance, breaches and dawn raids

There can be severe implications if your business dealings do not comply with competition law. Anticompetitive restrictions, and even the entire contracts themselves, may be void and unenforceable. If the infringements are serious and come to the attention of a competition authority, then fines of up to 10% of annual group turnover can be imposed. Injured parties can seek compensation and, in several countries, there is also the threat of personal liability. This includes criminal prosecution and director disqualification.

Competition laws are not always obvious and it is easy for employees unwittingly to land their employers in trouble. Understanding the potential risks is crucial to designing and implementing an effective approach to competition law compliance.

"The lawyers are able to understand the complexity and propose solutions."

Competition/European Law client, Chambers and Partners

How we can help you

Our lawyers can work with you to produce tailored internal policies and procedures to make sure your business complies with competition law. We have extensive experience in providing pan-European tailored competition compliance programmes to businesses of all sizes. Where necessary, we'll help you find compliant options to allow you to meet your business goals. Our specialists also offer comprehensive training and support to make sure you are aware of areas of risk and updates in the law.

After a breach has occurred

If you need to take action after a breach has occurred, we can support you with leniency applications, conducting internal investigations, responding to competition authority inquiries and advising on appropriate cooperation and defence strategies. We have a track record of building effective and timely responses to help our clients manage the impact of a competition breach on their business and reputation.

Dawn raids

Unannounced raids can be extraordinarily disruptive for a business and unsettling for those directly involved. The impact of an unexpected inspection can be felt for some time after the raid has taken place. Everyday business activity may be affected as a result of senior management having to focus on the ensuing investigation.

Our lawyers are known for providing exceptional and measured support to businesses that have been subject to a dawn raid. We'll work tirelessly to help you manage the situation to a successful conclusion.

Our expertise includes:

  • defending clients in multiple countries who are subject to a dawn raid
  • conducting internal investigations to identify potential competition law infringements or anticompetitive conduct
  • making leniency applications
  • handling competition investigations
  • prosecuting and defending follow-on damages claims
  • providing dawn raid training (including practical "war game" exercises)

Our competition compliance lawyers

Our international team is routinely at the forefront of new legislation and new developments in competition law, from both a contentious and non-contentious perspective. Our clients call on us for cutting-edge advice and we work with high-profile clients in many sectors, including technology, telecoms, healthcare, insurance, electronics, food, retail, automotive and manufacturing. We provide both domestic and multijurisdictional guidance.

Experience

An insurance group

Assisted in setting up of full-fledged antitrust compliance programmes, including in-depth internal antitrust audit.

A leading technology company

Advised on online sales by dealers, notably with regard to dual pricing issues and the lawfulness of contractual clauses seeking to limit the use of third-party platforms.

A leading services company

Assisted in its antitrust compliance activities and in the adoption of specific measures in order to prevent collusive conducts – such as bid-rigging.

A global food company

Advised on dominance issues, including pricing and rebate strategies.

Leading supplier in groceries

Provided day-to-day compliance advice to a leading supplier in the groceries sector.