The recent ruling issued by the Court of Defense of Free Competition in the supermarkets case ratified the value that the jurisdictional body grants to the implementation of a compliance program (commonly called “compliance”) in this matter.
In summary, Sentence No. 167 of 2019 – still subject to review by the Supreme Court – indicated:
• The serious, efficient and credible implementation of a compliance program can mean exemption from administrative liability in a case of collusion;
• Although in this case this criterion was not fully verified according to the Court, it also reduced by 15% the fine of a required company, due to its effort to develop a compliance and ethics plan adjusted to the reality of the company; Y,
• The possibilities of recognition will always be greater in the case of a firm that has a serious, credible and effective pre-existing program, than in the case of one that waits at the beginning of an investigation before implementing or improving its program.
For more information, we invite you to review the document HERE (spanish)