Competition Law: Shared compliance and market competitiveness

Indian Institute of Management, Kashipur: International Conference on Competitiveness, Competition Regulation and Corporate Strategy

December 3, 2014

Delhi, India

Presented by Mr. John Pecman, Commissioner of Competition


Introduction

  • The role of compliance to:
    • competition policy,
    • business reputation, and
    • Competition Bureau

Corporate compliance video

Overview

  • Concept of Shared Compliance
  • Relationship of Compliance and the marketplace
  • Innovation
  • Merger Remedies

The importance of competition

  • The importance of Competition Policy
  • 2008 Competition Policy Review Panel Report

Shared compliance / importance of compliance

  • Concept of Shared compliance
  • Businesses incorporating corporate compliance programs

Competition Bureau’s Corporate Compliance Bulletin

  • Update on the Competition Bureau’s Corporate Compliance Bulletin
    • Role of the company’s chief compliance officer,
    • Use of risk-based assessment tools, and
    • Addition of an incentive program
    • Establishing a Chief Compliance Officer at the Competition Bureau

Innovation

  • OECD Factsheet
    • Enhancing competition leads to a higher level of innovation
  • Competition Bureau’s Workshop on Innovation and Antitrust
  • Advocacy to support competition and innovation
    • Taxi industry

Merger remedies

  • In Canada:
    • “eliminating the substantial lessening or prevention of competition”
  • Remedies must be:
    • Enforceable
    • Able to be implemented in a timely manner
    • Measures clear and well-defined

Types of remedies

  • Three types:
    • Structural
    • Behavioural
    • Combination
  • Purely behavioural remedies can be difficult to craft in clear and workable terms, and to enforce

International cooperation in remedy design

  • Transnational mergers more frequent
  • Coordination ensures coherent remedies across jurisdictions
  • MOU with CCI to facilitate cooperation
  • Case example of successful cooperation:
    • Medtronic/Covidien
Date modified: