Resumo

SANCLEMENTE ARCINIEGAS, Javier. Compliance and competition law. Justicia [online]. 2021, vol.26, n.39, pp.233-250.  Epub 28-Jun-2021. ISSN 0124-7441.  https://doi.org/10.17081/just.26.39.3920.

The text intends to review the international literature on the legal notion of compliance and the way in which it impacts competition law. For this, through an analytical and comparative methodology, the way in which this new institution has been implemented in the competition law of France and in the European Union is analyzed. It follows that, in both cases, US law has had a decisive influence on the transformation of the conception of legal compliance. The institution starts from understanding that the effectiveness of the norm means that it is effectively respected and that respect is not taken for granted, but is presented as a challenge for authorities and companies. It is found that knowledge and dissemination of the ideas involved in the legal notion of compliance can be useful in Colombia as it provides competition authorities and companies with new legal tools with a view to promoting and protecting the existence of competitive markets.

Palavras-chave : Legal compliance; competition law; commercial law; codes of conduct; compliance program; compliance officer; business law.

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