Most violations of competition/antitrust laws do not arise due to a wilful disregard of the law, but rather due to the complex nature of competition/antitrust laws and the fact that they are frequently not well understood by businesses. We have extensive experience in assisting clients with the design and implementation of programmes to ensure compliance with competition laws in Canada and beyond. Such programmes are tailored to meet the specific needs of each client and may include, among other things, a competition and marketing law seminar programme, a compliance policy and manual, a periodic bulletin and, in some instances, compliance audits. Our role in the design and implementation of a compliance programme can range from that of complete responsibility to 'back-office' support of in-house counsel in their delivery of the programme.
In addition to helping businesses avoid conflicts with the competition laws, the existence of a compliance programme can influence the competition/antitrust authorities in their deliberation of alternative case resolutions and immunity and sentencing recommendations. Also, by conveying an understanding of the laws, we are able to assist clients in pursuing profitable activities that they might otherwise have thought to be illegal, thereby assisting clients in competing to the fullest extent permitted by law.