Focus area · ATR
Antitrust exposure in your markets, read from the enforcement record
Competition authorities publish what they punish. We analyse cartel and abuse cases in your sectors and markets, the authorities' current priorities and your own contact points with competitors.
Market structure drives exposure
Antitrust fines are calculated on turnover, and private damages claims follow public decisions. Exposure depends on market structure: concentrated sectors, trade associations, joint purchasing, consortia and distribution systems all create contact points.
Authorities differ in their use of leniency, the frequency of dawn raids and their appetite for individual liability. For a multinational footprint, the question is which authority is most likely to look, and at what.
Legal frameworks we map
We map the regimes that apply to your footprint. Typical anchors:
- Art. 101 and 102 TFEU
- The EU prohibition of anticompetitive agreements and concerted practices and of the abuse of a dominant position, enforced by the European Commission and national authorities; fines up to 10 % of worldwide group turnover.
- Germany: GWB
- The cartel prohibition (§ 1), abuse control (§§ 19, 20) and the special regime for large digital companies (§ 19a), enforced by the Bundeskartellamt, with fines against individuals as well.
- US Sherman Act
- Section 1 on restraints of trade, with criminal cartel enforcement by the DOJ, and section 2 on monopolisation; private treble-damages actions.
- UK Competition Act 1998
- The Chapter I and Chapter II prohibitions enforced by the CMA, alongside the criminal cartel offence for individuals under the Enterprise Act 2002.
- EU Damages Directive
- Directive 2014/104/EU on antitrust damages actions, which makes follow-on claims easier across the EU.
- Local competition laws
- The national regimes of each country in scope, including merger-control rules where relevant to a transaction.
This is a risk analysis, not legal advice. Where a finding raises a legal question, we say so and you take it to counsel.
What we look at
External analysis
Your exposure as the outside world sees it.
- Authority decisions and fines in your sector, per country
- Dawn raids, ongoing investigations and sector inquiries
- Cases at your direct competitors and follow-on damages claims
- Role of trade associations and market concentration where data is public
- Enforcement priorities and leniency practice of each authority
Internal analysis (under NDA)
Your exposure as your own data shows it.
- Contacts with competitors: associations, benchmarking, consortia and joint ventures
- Distribution systems, pricing guidance and territorial rules
- Internal antitrust cases and complaints
- Memberships and their governance
Seven focus areas, mapped against every source we read.
| Module 1 · External analysis | Module 2 · Internal analysis (NDA) | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| Focus area | Law & regulation | Enforcement record | Sector cases | Competitor cases | Indicators | Internal cases | Business partners | Sponsoring, donations, memberships | Gifts & hospitality |
| ABCAnti-bribery & corruption | Core source | Core source | Core source | Core source | Core source | Core source | Core source | Core source | Core source |
| AMLAnti-money laundering | Core source | Core source | Core source | Core source | Core source | Core source | Core source | Where relevant | Not used |
| ATRAntitrust & competition | Core source | Core source | Core source | Core source | Where relevant | Core source | Where relevant | Core source | Where relevant |
| FRDFraud | Core source | Core source | Core source | Core source | Where relevant | Core source | Core source | Where relevant | Where relevant |
| PRVData privacy | Core source | Core source | Core source | Core source | Where relevant | Core source | Where relevant | Not used | Not used |
| EXCExport control & sanctions | Core source | Core source | Core source | Core source | Where relevant | Core source | Core source | Not used | Not used |
| HRTHuman rights | Core source | Core source | Core source | Core source | Where relevant | Core source | Core source | Where relevant | Not used |
Highlighted row: ATR · Antitrust & competition
Typical red flags
- Regular exchanges of pricing, capacity or customer information via associations or benchmarking
- Consortia or joint bids with competitors in tenders
- Resale price recommendations that work like fixed prices
- Territorial or customer restrictions in distribution agreements
- A strong position in a niche market combined with rebate or exclusivity schemes
- Bid patterns such as rotation, cover bids or identical prices
- Recent dawn raids or decisions in the same sector and market
Sources
- Decisions and press releases of the European Commission, the Bundeskartellamt and national authorities
- DOJ Antitrust Division and FTC releases and court records
- Court judgments on fines and damages
- Authority annual reports and sector inquiries
- Market-structure data where public: concentration figures are indicative, not a finding
Every finding in the report carries its source and date.
Typically exposed sectors
Exposure tends to be higher in concentrated industrial sectors, in construction tenders, in sectors with strong trade associations, in distribution-heavy consumer markets and in digital markets under special scrutiny.
A tendency, not a rating. Your actual exposure depends on business model, customer mix and footprint.
In your deliverable
- PDF: an antitrust chapter with legal map, authority priorities, sector and competitor cases, red flags and recommended measures
- Heatmap row per country × sector with the likelihood × impact rating
- XLSX: case register (authority, year, companies, conduct, fine, source) and scoring sheet
- With the internal module: your contact points with competitors set against enforcement patterns
Questions on antitrust
Is this an antitrust audit?
No. An antitrust audit reviews documents and interviews staff about specific conduct. Our analysis shows where exposure sits by country and sector, based on enforcement data and, in the internal module, your structures. It tells you where an audit would be worth doing.
Why do competitor cases matter?
Authorities follow patterns. A cartel decision against peers in your market often leads to further investigations, damages claims and closer scrutiny of the whole sector.
Know what competition authorities are looking at.
Tell us your markets and sectors. We come back with a scope proposal.