Indecopi´s Guidelines on Competition Compliance Program is a document published in March 2020, aiming at guiding companies in the design and implementation of effective compliance programs, which can help them in reducing the risks of engaging in anticompetitive behavior, thus promoting a compliance culture in the business community. These Guidelines develop, for reference purposes and in a non-binding manner, the essential components that are part of a Model Compliance Program, including the commitment of the senior management (tone at the top), the identification and management of current and potential risks, the internal procedures and protocols, training for employees and the appointment of an officer or compliance committee, among others. In addition, these Guidelines provide the possibility for the Peruvian Competition Authority to consider the fact that an infringing company has developed an effective compliance program prior to the occurrence of the infringement as a mitigating factor in the determination of the fine. Finally, the Guidelines recognize that there is no single model of compliance program applicable to all companies and that they can and should be adjusted in accordance with, among others, the company´s size, income or type of operations.
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