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A study of compliance post-OFT infringement action

Rodger, Barry (2009) A study of compliance post-OFT infringement action. European Competition Journal, 5 (1). pp. 65-96. ISSN 1744-1056

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Abstract

This article considers compliance with competition law among a particular sub-set of UK companies. The research was principally motivated by the reform of UK competition law in the late 1990's and the introduction of new investigatory and fining powers for the UK competition authorities, with potentially very serious consequences for companies in breach of competition law. There has been fairly extensive research into competition law compliance in Australia, and in particular, a Report based on a recent ACCC Enforcement and Compliance Survey noted that:- 'Those who have interacted with or been investigated by the ACCC generally report themselves to be more compliant.' Accordingly, in this research we sought to ascertain the extent to which an infringement finding by the OFT altered awareness of, attitudes to, and methods of compliance with competition law. This was undertaken by forwarding a questionnaire to all parties which were the subject of an infringement decision by the OFT under the Competition Act 1998. The research considers the extent to which competition law compliance, and the motivations for instituting an effective compliance programme, have been affected by enforcement action by the Office of Fair Trading under the Competition Act 1998.