By Joseph E. Murphy, CCEP and Donna Boehme
In his article “Hear no Evil, See no Evil: Why Antitrust Compliance Programmes may be Ineffective at Preventing Cartels,” Dr. Andreas Stephan raises questions about the application of competition law compliance programs in dealing with cartel behavior. In response we have communicated with Dr. Stephan, and have been given the opportunity to address this topic at the Centre for Competition Policy at the University of East Anglia.
One message from this article is that the competition law field is overdue in opening up a dialog on important subjects related to enforcement policies and the role of compliance and ethics programs. As compliance and ethics practitioners, we have been active in the compliance and ethics field for over 30 years and 20 years, respectively, including work both in antitrust/competition law and in the area of anti-corruption. We have worked both in- house and as outside counsel. Our clients have included companies trying to prevent violations, companies trying to recover from serious violations, and government agencies assessing company programs. We have also participated in the OECD Working Group on Bribery’s deliberations over the past two years relating to anti-bribery compliance programs. This experience forms the basis for our responses to Dr. Stephan. For your reference we have attached brief biographies as Annex 1 to this paper.
. . .