Introduction

Scope of application

Compliance program

Protection of whistleblowers

Audit and sanctions

Rules arising from the Sapin II Law

EU law

French law

Rules derived from competition law

Sapin II Law/Competition

Scope ratione personae

Scope ratione materiae

Scope

Development of plan

Measures included in plan

Inclusion in management report

Vigilance plan

Injunctions

Civil liability

Sanctions

Duty of vigilance (devoir de vigilance)

CSR programs

Reporting

Communication

Reporting and communication

Judicial sanctions

Risk to reputation, strategy and stability

Corporate Social Responsability (CSR)

Middlenext Code

IFA Corpus

AFEP - MEDEF Code

Types

Principles of governance

Principles incorporating CSR values

Principles

Comply or explain

Binding force

Private codes of conduct

Compliance

Ten years after its text of 10 February 2012, on 24 May 2022 the Competition Authority adopted a new framework document on competition compliance programs, in order to provide all economic players with benchmarks on the objectives, definition and effective implementation of these programs.
The Competition Authority considers that compliance is an ethical approach that promotes free and undistorted …

Content

Ten years after its text of 10 February 2012, on 24 May 2022 the Competition Authority adopted a new framework document on competition compliance programs, in order to provide all economic players with benchmarks on the objectives, definition and effective implementation of these programs.

The Competition Authority considers that compliance is an ethical approach that promotes free and undistorted competition in the economy, insofar as it gives economic players a sense of responsibility in favor of competition based on merit, and contributes to optimized management of financial or reputational risks within undertakings, as well as to the detection of infringements of competition rules when it has not been possible to prevent them. In her view, the development of competition law compliance programs must be based on five pillars, which must be adapted to the diversity of the players involved, in order to take into account the specific characteristics of each one:

1) a clear, firm and public stance by senior management on the need to comply with competition rules and to support the program put in place ;

2) the designation, by the management bodies, of one or more persons responsible internally for the management of the compliance program, who must have unquestionable authority and competence within the undertaking, be effectively dedicated to the implementation of the compliance program, have direct access to the audit bodies if justified by a matter relating to the undertaking's or organization's compliance policy or program, be granted the necessary powers to ensure the effective implementation of the compliance program and, to this end, have sufficient human and financial resources;

3) the implementation of effective information measures concerning the existence, purpose and content of the program, the meaning and practical scope of competition rules, the importance and benefits of complying with them, as well as the internal mechanisms in place to obtain advice or alert on the existence of possible or proven violations of these rules. This information must be accompanied by training and awareness-raising actions for personnel exposed to risks, on competition rules and the concrete operation of the compliance program;

4) the implementation of effective control, audit and alert mechanisms, to ensure compliance with the compliance program at all levels of the undertaking, and to enable undertaking employees to communicate appropriately with compliance officers, to seek their advice or to alert them;

5) the implementation of an effective monitoring system, including a procedure for handling requests for advice, examining alerts and analyzing the action to be taken, as well as a set of disciplinary sanctions, applicable in the event of violations of the compliance program.

Furthermore, the Competition Authority considers that compliance programs are bound to evolve in line with needs and changes: they must therefore be regularly updated.

In addition, the Competition Authority recognizes the vital role played by compliance stakeholders, such as experts specialized in competition law, professional bodies representing and defending the interests of all businesses in a given profession or sector, and institutional partners, such as the roblem with a company that does not respect consumer rights? You can  contact the Competition, Consumer Affairs and Fraud Prevention  Directorate (Direction générale de la Concurrence, de la Consommation et de la Répression des fraudes - DGCCRF), which make a specific contribution to the dissemination of best practices and a culture of compliance.

Compliance

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Les notions juridiques connexes

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