It is best to leave the organization of compliance to an independent organization

13 april 2017

Tatiana Radchenko, Deputy Head of the Analytical Center, spoke at the IV GRC Forum Thomson Reuters "Internal Audit: Function View from Auditor to Partner, one of the most prominent events on corporate management, risk and compliance. The expert called the attention of those present to the allocation of responsibility for antitrust compliance in corporate management.

"Organizing a system for preventing antitrust risks is a task that straddles legal and business issues. If we were to put lawyers alone in charge of it, we would end up with an explosion of regulated procedures for sales, more work with customers and vendors. The downside of a formal procedure is that it puts employees in a kind of a straitjacket, preventing them from choosing the optimal way to do business depending on the circumstances and that leads to lower revenue."

The expert is of the opinion that the best course of action is to hire an independent contractor to organize and implement a system of antitrust compliance.

Antitrust compliance is a corporate system for preventing violations of antitrust laws. The main function of antitrust compliance is preventing the company from getting fined by the Russian anti-monopoly service or getting directives from it, such as behavioral directives (for the company to change the rules it follows in customer relations, directives to change contract terms, directives regarding the way the company develops its sales policies etc.) and directives regarding changes in the organizational structure of the company.

Speaking about possible actions that a company can take to prevent violations, Ms. Radchenko mentioned adoption of a sales policy (which includes criteria for selecting customers, procedures for entering into contracts, pricing procedures etc.), adoption of rules for interacting with the competition at all levels of management, training employees, revising business processes and information flows within the company, including imposition of a partial or complete ban on some business practices etc.