For businesses, antitrust law means complex regulations and prohibitions that can have a varied range of effects: on the situation between competitors, on relationships with suppliers and customers as well as on companies with a dominant market position. Each and every company has a duty to check whether its conduct is in accordance with antitrust law.
Much of our most valuable competition advice concerns compliance. Using our extensive cross-border regulatory and practical experience with the issues our transnational clients face in their business relationships, we provide proactive, practical advice covering pricing issues, exclusive dealing arrangements, territorial restrictions, suggested resale prices, minimum advertised pricing programs, volume and functional price discounts, rebates and promotional allowances, requirement contracts, exclusive distributorships and most-favored nation clauses in jurisdictions worldwide.
We have more than 20 years of experience with developing customized compliance programs to assist clients in a wide variety of business sectors in ensuring that their business practices respect competition law rules, taking the realities of their business into account.
We advise clients on a day-to-day basis concerning business transactions that may raise antitrust issues. This involves checking internal procedures and practices with the client, developing written compliance programs and online training as required, and providing training for employees in order to minimize the risk of an accusation of anti-competitive behavior.
We have developed and presented training on all aspects of antitrust compliance for clients across a broad range of industry sectors including pharmaceuticals, chemicals, automotive, oil and pulp, and paper. Our approach is always to work with our clients to create bespoke training programs that are tailored to address their specific requirements.
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Chambers USA 2021
Advising the European operations of a world-leading manufacturer of material handling equipment in relation to the distribution of its products via sales subsidiaries and independent distributors. We reviewed and amended the distribution agreements between the European headquarters and the various sales operations in the EU to comply with European and national competition laws. In addition, we have conducted training sessions for various levels of European and local management (MDs, local FDs/controllers, sales managers and after-sales managers).
Assisting a major bottling company in developing a compliance program including carrying out mock dawn raids and follow-up antitrust due diligence.
Assisting a major electronics company by carrying out a substantial audit of its distribution system in a number of European jurisdictions (Belgium, Poland, Spain, Czech Republic, Germany and France) to ensure its compliance with national and EU competition law. This work involved document review, interviews of numerous employees and the preparation of a substantial report in which we provided our detailed observations and practical recommendations for the company to implement going forward.
Advising a leading Japanese manufacturer of electronic and technological equipment for more than 20 years on compliance with EU and national European competition law. We wrote the firm's original compliance program and have been responsible for all subsequent updates. We provide basic "do's and don'ts" training on an on-going basis to employees across Europe in various product group sectors, and to employees in Tokyo who are also involved in EU sales.
Assisting a leading pharmaceutical company in setting up a global compliance program. We analyzed and addressed the potential antitrust exposure by reviewing the company's core business, i.e., its products and the patent situation around them, the routes to market (including types of customers), its internal structure and geographic scope, and other factors. On that basis, we created an online training module with test questions for its employees.