When law firms give clients competition compliance training, they must remember that they are still bound by their professional obligations, McGuireWoods London partner Matthew Hall told Global Competition Review.
A recent probe of a cement cartel by France’s Competition Authority provided a cautionary tale for law firms when the French firm Fidal was accused of facilitating the cartel by providing advice aimed at concealing cartel conduct during training courses for two companies.
The Competition Authority ultimately dismissed the complaint against Fidal, finding that the training alone would not show the firm knew about the cartel conduct. Because the training took place in 2007, the agency would have been unable to sanction Fidal due to the 10-year statute of limitations even if it did find an infringement.
But Hall said it was legitimate for the Competition Authority to target this type of training. Other third parties not directly involved with businesses under investigation were found to have facilitated cartels in previous cases, he told GCR.
Law firms, therefore, must draw a clear line, including in response to questions during training, and take necessary and contemporaneous notes of any discussion, Hall explained in the June 4, 2024, article titled “French experts appraise ‘innovative’ cement cartel probe.”