As every business is unique, different businesses will have to take different steps to ensure compliance with competition law. These depend on a range of factors, including the size and nature of the business, and the frequency of contact of employees (especially sales staff and senior managers) with their competitors.
For example, businesses which are able to significantly affect the market in which they are operating or which have large market shares, may be more vulnerable to allegations of abuse of their strong position in the market. Their supply contracts are also more likely to have an appreciable effect on the market. Employees or directors of a business who have regular contact with competitors on a business or social basis may run a higher risk of colluding. More information on how CCCS assesses business conduct and practices that infringe competition law can be found in the CCCS Guidelines on the Section 34 Prohibition and the Section 47 Prohibition.
CCCS encourages businesses to undertake a self-assessment of their risk of infringing competition law before deciding on how best to ensure compliance. Businesses may find it useful to refer to our indicative checklist of behaviour as a starting point. If a business assesses that it runs a risk of infringing competition law, it may wish to seek professional advice on the appropriate measures to mitigate the risk.
Businesses, trade associations or professional bodies which are unsure whether their business activities infringe the Competition Act can file Notifications for Decision or Guidance with CCCS.
CCCS will evaluate each case on the basis of its particular facts and circumstances before issuing a decision (binding) or guidance (non-binding). Pls refer to the 'Seeking Guidance and Decision' section for more details.