Answer ... An allegation of cartel violation under the Competition Law is serious. Therefore, if a company is involved in a cartel investigation, it should make certain preparations in respect of the investigation, including:
- identifying or verifying the capacity of the summons by the KPPU (i.e. whether the company has been summoned as a witness or a reported party);
- consulting with the company’s legal division with respect to the KPPU’s summons;
- conducting internal investigations relating to the alleged violation;
- preparing relevant evidence related to the cartel investigation; and
- attending to the summons, accompanied by the legal division or an external legal adviser.
In addition, there are several steps that a company can take in order to avoid the legal risks that may arise from Competition Law violations:
- developing a competition compliance programme;
- developing competition guidelines that contain dos and don’ts for company employees in carrying out their duties; and
- conducting regular compliance trainings and audits in terms of competition law for all business activities that have been or will be carried out by the company.