Competition law compliance—benchmarking guide for staff


Published by a ³ÉÈËÓ°Òô Risk & Compliance expert
Precedents

Competition law compliance—benchmarking guide for staff


Published by a ³ÉÈËÓ°Òô Risk & Compliance expert

Precedents
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    1. What is benchmarking?

      Generally, ‘benchmarking’ is comparing our structures, processes and results to those of other organisations to measure our performance and improve our efficiency. The purpose of benchmarking is to determine areas of inefficiency and excess cost in our own operations, identify the structures, processes and practices that have contributed to the success of others, and develop a plan to adapt the lessons learned from other organisations to our own situation.

      Benchmarking is an important tool for our organisation. It is generally considered pro-competitive, if properly structured and conducted, as its aim is to enhance efficiency and lower overall costs.

    1. 2

      What is the risk?

      Because it commonly involves exchanging information between competitors, benchmarking has the potential to facilitate anti-competitive communications or to provide an opportunity for collusion; there are therefore inherent competition law compliance risks in benchmarking activities.

      As such, any benchmarking activities must be carefully designed and conducted, with advice and guidance from [insert, eg the legal team]. Prior discussion and planning with [insert, eg the legal team] is especially critical when

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Jurisdiction(s):
United Kingdom
Key definition:
Competition law definition
What does Competition law mean?

means the national and directly effective supra-national legislation of any jurisdiction which governs the conduct of companies or individuals in relation to restrictive or other anti-competitive agreements or practices and the control of acquisitions and mergers (including, but not limited to, the Chapter I and Chapter II prohibitions under the Competition Act 1998, the prohibitions in Article 101 and Article 102 TFEU and the cartel offence in Part 6 of the Enterprise Act 2002, as amended) and includes reference to antitrust law as appropriate

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