46 … Under the impetus of the new European The Autorité decided to anticipate this evo- framework, the "antitrust risk" is now com- lution by commissioning a study on pro- pounded for professional bodies if they fessional bodies. This study examines how engage in anticompetitive practices. Up professional bodies can promote better until now in France, the amount of the enforcement of competition law among fine imposed on a professional body was their members, and deciphers the com- capped at €3 million. Since the adoption petitive risks associated with the way of the ECN+ Directive, the maximum fine these bodies work. As such, the docu- has been raised to 10% of the total turnover ment provides an analysis grid of autho- of the members of the professional body. rised and prohibited behaviours: in a word, As a result, professional bodies, as well as a "turnkey" tool to encourage compliance. their member companies, are exposed to The study is accompanied by a vade- substantial fines in the event of any infrin- mecum listing the "good" and "bad" prac- gement. tices, which can easily be distributed to the members of the bodies. More than ever, professional bodies are invited to become actors at the service of compliance, by informing their members about competi- tion risk through their training and infor- mational tasks. In your opinion, videos and infographics, does the work of and the systematic inclusion the Autorité de la of a reminder of the rules in press concurrence have releases, as well as many other tools. As you can see, the Autorité an effect on the is already involved to a significant implementation extent and intends to carry on of compliance in this way. programmes? Is compliance I do believe that the Autorité’s with competition proactive policy in this area is rules only for having a positive impact on the large companies? awareness of some companies that they need to integrate the competitive compliance The Autorité cannot emphasise dimension into their overall enough that competition prevention strategy or further rules apply to all companies, develop existing programmes regardless of their size, from to achieve more effectiveness. SMEs to multinationals, but also In effect, the Autorité is committed to professional bodies, which have to developing a range of tools an important role to play in terms (guidelines, framework documents, of compliance. When called on to studies) to explain not only the account for their infringements rules but also the stakes, which at our hearings, many companies are often substantial in financial state that they were simply and reputational terms. unaware of the rules. This last aspect is far from We should acknowledge the fact negligible in a society that that not all companies have the places ever more importance on same resources to allocate to responsible and ethical behaviour compliance. Putting a compliance on the part of companies. program in place within a company The Autorité’s communication requires an investment, but policy is also essential and plays we want to make it clear that an important role in achieving in the end it is always a winning the objective of education, calculation, compared to the in particular with the dedicated financial and reputational risks section that has been set up, the entailed. production of guides, educational FABIENNE SIREDEY-GARNIER, Vice-President of the Autorité de la concurrence V I E W P O I N T