2009
Anti Competition compliance program solution
Ben oguntala, LLB Hons Powered by Riesgo RM 10/16/2009
Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Contents
Introduction ........................................................................................................................................................ 3 What is competition (Antitrust) compliance program solution........................................................................... 4 Compliance with the legal obligation ................................................................................................................. 5 Keeping the competition Team central in the know ........................................................................................... 7 How it works ...................................................................................................................................................... 8 Compliance team and the business units ........................................................................................................ 8 Compliance team and Policy management ..................................................................................................... 9 Project survey ............................................................................................................................................... 10 Project register .............................................................................................................................................. 11 Project risk register ....................................................................................................................................... 11 Our services ...................................................................................................................................................... 12 Competition compliance Audit ..................................................................................................................... 12 Competition compliance program implementation....................................................................................... 12 The 7 steps to competition compliance & Audit .......................................................................................... 12 Getting started............................................................................................................................................... 13 Contact us ..................................................................................................................................................... 13
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Introduction
www.AntitrustComplianceProgram.com is a web based tool designed to help organizations to comply and maintain compliance with the Competition (Antitrust) law on an ongoing basis. There are several features in the tool, starting with its extension to all the Business units in your organization allowing each business unit to report to the Competition team early stages of non compliances or queries they might have about competition (Antitrust) in relation to their business operations. Furthermore, Products and services in the form of projects are assessed for compliance with competition (Antitrust) law. This document uses the words Competition and Antitrust interchangeably and appreciates that the two principles operating in different jurisdictions, though the spirit of compliance is the same.
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
What is competition (Antitrust) compliance program solution Our solution has 5 objectives: 1. Development of an Antitrust compliance policy distribution framework your company or clients – allowing the Competition team to create the policy, procedures and guidelines and disseminate them to the entire organisation 2. Implementation of the program in your offices, Business units and subsidiaries via your intranet 3. Generate awareness by educating employees about the policy, our initial integration ensures all training programs and inductions are included in the awareness; 4. Creation of a system to continuously monitor the program’s effectiveness by allowing Business units to report incidents relating to Competition Law potential or actual violation. 5. Project engagement and assessment for compliance with Competition Law
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Compliance with the legal obligation The table below depicts what the regulatory bodies require of an organization that is implementing a competition compliance program and maps each obligation to the features in our services. Solution available Competition obligation by law Assess your business to ascertain the extent to which Competition (Antitrust) law will impact your business Raising awareness amongst employees Details Our solution Details
Determine market position(appr eciable effect, dominant position, - Business units - Employee contact with competitors - Sector size Ensure your employees are at least aware of competition law and the implications of infringement
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Competition (Antirust) compliance program company assessment questionnaire. Our business solution module allows Auditors to carry out Audits of different organisations and
A questionnaire with a risk rating associated to determine applicability of the organisation to Competition (Antitrust) law Each policy is mapped with the appropriate local Business unit procedures to support it.
We depict electronically your organizational chart with each business unit and heads of Departments. Competition team will act as central team for creating and disseminating policies, procedures and operational guidelines to each business unit from a single click.
Compliance program Support of senior management A personal statement from the Senior Executive Reference in Mission statement Reference in code of conduct Included in overall objective and performance appraisal Competition policy Competition procedures Competition assessment on projects Departmental induction Our initial setup ensures that the requirements are entrenched within the business setup
Appropriate policy and procedures Training
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Regular evaluation
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HR induction Business training Intranet messages Electronic representation of all business units and points of contact Link to project register per business unit Link to non compliances per business unit Capability to raise alerts during dawn raids
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Keeping the competition Team central in the know Our solution is designed to provide the Competition team with the knowledge of the activities within their organization, in order not to overburden the team, it also delegates a number of activities to business units allowing inputs to be fed into the business process.
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
How it works
Compliance team and the business units Each business unit in the organisation is represented electronically and the competition team will be able to assess the number of projects and competition violations they have. Policies and procedures can be disseminated to the entirely organisation with a one true source.
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Competition team and Policy management The competition team will be able to draft and release policies and procedures as well as guidelines from their central unit and once published are made visible to all business units. This structure awards the Competition team with the capability to reach business units regardless of their geographical location. Each policy or procedure can be assigned to an officer who will be responsible for updating the policy. Every uploaded Policy has an issue date as well as review date. Auditors will be able to approve the policy maintenance and distribution as it will be evident what activities have taken place and where the non compliances are.
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com Project survey
Each project will complete an initial Competition survey that seeks to assess whether or not its activities impact Competition law. The survey is automatically graded and the organisation can set the level which it deems a project activity will require further assessment. For example, in-house projects not including customers or contract or consumer i.e. the upgrade of a server may not impact competition law and therefore automatically scored as low, whilst a project involve contracts with 3 rd parties and competitions will more than likely impact competition and need further assessment.
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Project register The project register is aligned with the organisation’s project lifecycle allowing the project management office and project managers to subject
Project risk register
The risk register will reveal to the Competition team projects in the organization that have anti competitive features. The project list is aligned with the project lifecycle of the organization and would allow each project for products and services to be assessed for Competition compliance.
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Our services
We offer two services to assist organizations in the meeting their competition compliance obligations namely:
Competition compliance Audit
o Designed to assess an organization’s readiness and preparedness against the competition law o it produces a gap analysis between the expectations of the OFT on SMEs and the actual activities of the organization o the report will reveal areas of non compliances and create an improvement plan for the organization to analyze and implement
Competition compliance program implementation
o Fed from the initial gap analysis, this service puts into action the gaps identified with a view to filling the gaps and ensuring that your organization is in good shape for ongoing compliance o It provides an pre and post audit to demonstrate the effective of the solution we have put in place. The 7 steps to competition compliance & Audit We have devised a 7 step guide for SMEs to utilize in a bid to implement the Competition compliance program.
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Solution to integrate Antitrust compliance program into your organization www.anitrustcomplianceprogram.com ||| info@antitrustcomplianceprogram.com
Getting started To get started, you can request an audit to be carried out by emailing info@antitrustcomplianceprogram.com with your request and a member of our team will be in touch with you to schedule an Audit.
Contact us
Ben Oguntala Tel - +44 7812 039867 (UK) Email – ben.oguntala@antitrustcomplianceprogram.com – – www.antitrustcomplianceprogram.com www.competitioncomplianceprogram.com
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