The rules are not the same everywhere
Agreements among competitors to fix prices or divide markets are prohibited almost everywhere, but other conduct is treated differently from one jurisdiction to the next. In Europe and the UK, a company with a dominant position carries special responsibilities, and practices such as certain loyalty rebates, tying, or refusals to supply can be challenged at lower market shares than would usually support a US monopolization claim. EU rules on distribution agreements, resale pricing, and online sales restrictions are more detailed than their US counterparts. Merger filing obligations exist in many countries, some triggered by modest local sales. A program built only around US law can leave European sales teams exposed.
What enforcers expect a program to show
The Justice Department weighs corporate compliance programs when deciding how to resolve antitrust cases, and it has published guidance on what it looks for. That guidance asks whether a program is tailored to the company's actual risks and whether it works in practice rather than only on paper. Training should reflect real situations in each market, such as trade association meetings, contacts with competitors who are also customers, and pricing conversations with distributors. Document the risk assessments, training records, audits, and how reported concerns were handled. Credit for a program is not automatic, but a well-run one can affect how a matter is resolved.
Building it for a multinational business
We begin with a map of where the company sells, where it may hold market power, who deals with competitors, and which teams set prices or terms. From that, a competition compliance program can set global minimum rules and add local requirements where they are stricter. Coordination with counsel in other countries matters, as do differences in how privilege applies to in-house lawyers. Channels for employees to raise concerns should work within each country's legal setting, including local data protection rules. The first meeting usually identifies the highest-risk teams and markets and the gaps in the current program.
