“Cartel law and compliance” folder
The first edition of the “Cartel law and compliance” folder was issued in October 2016. It was intended to provide comprehensive while also easily understandable information, helping companies to be made aware of the risks of cartel law infringements, as well as to identify and mitigate those risks.
The second edition is an updated version, with some important adjustments for practical purposes, and was presented today. Additions have been made, for example, to the chapters on unfair trading practices, sustainability, pre-notification procedures and whistleblower protection.
The folder includes information on how to implement an effective compliance management system, as well as on the material risks in cartel law such as horizontal cartels, vertical price fixing and abuse of a dominant market position.
Further topics include how to interact with AFCA employees in the event of a dawn raid, how to deal with requests for information and the merger control procedure.
The folder concludes with information on the potential legal consequences of cartel law infringements and contains recommendations on how to mitigate potential risks as well as providing further relevant information.
Information event
The new folder was presented at an information event organised by AFCA on its premises, giving participants the opportunity to ask their questions directly.
AFCA’s Interim Director General Natalie Harsdorf-Borsch gave the opening address, welcoming many representatives from both the public and private sector and emphasising the importance of comprehensive compliance policies.
The nationally and internationally renowned anti-corruption expert Martin Kreutner gave a keynote address in which he highlighted the need for effective compliance management systems in both the public and private sector.
The event concluded with a high-calibre panel consisting of Marcus Becka (AFCA Head of the Unit Compliance, Risk Management and Whistleblowing), Theodor Taurer (WKO case handler and lay judge at the Cartel Court), Ingrid Schöberl (Deputy Head for Economic, Financial and Legal Policy at the Federation of Austrian Industries) and Judith Feldner (lawyer and partner in E+H Rechtsanwälte).
The panellists discussed current issues and answered the audience’s questions of practical relevance.
“Compliance is becoming an ever more important issue in everyday practice across all areas of the law, but effectiveness and sustainability remain a challenge. Infringements unearthed by the AFCA could often have been avoided altogether if effective compliance policies had been in place. The updated folder “Cartel law and compliance” should give companies the information they need in this context.” Interim Director General Natalie Harsdorf-Borsch