Competition and antitrust risk covers conduct that distorts markets: cartels, price fixing, market or customer allocation, bid rigging and improper exchange of commercially sensitive information, including through trade associations and benchmarking. For boards, the exposure is acute because liability can be criminal for individuals and ruinous for the enterprise. This report sets out how the risk arises in your chosen jurisdiction and industry, the competition frameworks and enforcers that apply, the controls regulators expect around pricing, tenders and information sharing, the behavioural red flags that precede investigations, and the penalty and reputational ranges from published decisions. It explains how everyday commercial contact, joint bids and information exchanges can stray into illegality, and when to involve competition counsel, economists and leniency advisers before, during and after contact with a competitor.
Reference material for informed readers, not advice.
