Ongoing Antitrust Compliance: How to Avoid Pitfalls in the EU Market

Vertical relationships with counterparties. Permitted and prohibited practices

• Distribution (exclusive, selective)
• Pricing (recommended prices; RPM)
• Discounts, bonuses (loyalty rebates, retro bonuses)
• Liability (fines, criminal/administrative liability for individuals)
• Information exchanges
• Vertical restraints in e-commerce
• Parallel import
• Non-compete

Horizontal issues

• Labour markets restrictions
• Algorithmic collusion
• Information exchange
• Public disclosures

Unexpected on-site inspections (Dawn Raids)

• Grounds for conducting a dawn raid
• Rights and obligations of the company under inspection
• Rights and obligations of the inspectors
• Prohibited and permitted actions during the dawn raid
• Preparation of internal procedures
• Staff training
• Liability and fines for obstruction

Investigations by competition authorities

• Triggering events – complaints from competitors or consumers, dawn raids, previous cases, sectoral inquiries, mass media and publicly available information, whistle blowers
• Tools to minimise risks during the investigation stage
• Internal antitrust audits and risk assessment
• Staff training
• Antitrust compliance policies