Compliance Programmes in Competition Law: Improving the Approach of Competition Authorities

This article discusses the approach to compliance programmes of two national competition authorities: the Dutch Authority for Consumers and Markets and the French Autorité de la Concurrence. The article explores the question whether these authorities could do more to unlock the full potential of compliance programmes with a view to securing commitment to competition rules. As compliance programmes cannot be imposed vertically, a true commitment by market parties is necessary, thus crossing the public-private domain. To answer the question posed above, the practice of the competition authorities up to this point is discussed, as well as the advantages and pitfalls that they have so far experienced or perceived. Naturally, the academic debate on the use of compliance programmes is outlined as well. Finally, recommendations are made for national practice.