Common Pitfalls in Antitrust Training
Before diving into what makes compliance training effective, it is worth acknowledging some common pitfalls:
- One-Size-Fits-None Training: One-size-fits-all training fails to address industry-specific antitrust concerns and leaves employees disengaged and underprepared for real-world business risks.
- Selective Training: Focusing solely on lower-level employees while exempting senior executives—who often pose the highest risk—undermines the effectiveness of the program. Executives are typically responsible for the decisions that are most impactful to an organization, and leaving them out of training can send the wrong message about the importance of compliance.
- Ineffective Facilitators: Relying on junior associates from law firms or internal supervisors without antitrust expertise to deliver training can undermine its effectiveness. Inexperienced facilitators often lack the practical insights needed and may inadvertently spread misinformation.
- Click-and-Go Modules: Static, text-heavy online courses with no interaction fail to engage and resonate with employees. Online modules also become stale more quickly and end up relying on case studies or examples that fail to connect with participants and current business practices.
- Legalistic Jargon: Drowning participants in discussions about the Sherman and Clayton Acts without practical context can lead to glazed eyes and forgotten lessons.
- Lax Attendance Policies: Making attendance optional, failing to keep records of who attends, and not implementing disciplinary measures for those who miss training can send the message that compliance is not a priority and undermines the program’s credibility.
Strategies for Impactful Antitrust Training
1. Know Your Audience
Before diving into content, take the time to understand your audience:
- Speak with representatives from various levels of the organization beforehand, not just senior management.
- Gather insights on real workplace scenarios that may have antitrust implications.
- Tailor your examples and case studies to resonate with your specific industry and company culture.
2. Foster Engagement and Interaction
Static lectures are out; interactive sessions are in. The more employees engage with the material, the more likely they are to retain the information and apply it later:
- The Team Agreement Approach: Start by establishing ground rules and objectives with your audience, creating buy-in from the beginning. Participants should be encouraged to share their expectations, concerns, and what they hope to gain from the training. A simple way to get audiences engaged in the beginning is to have each attendee turn to a neighbor and discuss what they want to extract or gain from the training. This immediately energizes attendees to speak up and participate.
- Group Quiz Contests: Divide participants into teams for a friendly competition based on real-world scenarios. This not only tests knowledge but also encourages discussion and peer learning.
- Digital Platforms: Leverage interactive tools and apps to keep participants engaged throughout the session - but be sure your attendees are not using smartphones to occupy their attention and ignore the training.
Not only does engagement and open discussion help reinforce concepts, but it also gives trainers an opportunity to hear from participants and potentially uncover compliance issues. In some cases, participants may even seek out legal counsel after training to clarify or report issues they had not previously recognized as problematic.
3. Make It Relevant and Practical
Employees need to see how antitrust principles apply to their daily work. Tailoring the session to reflect their world also builds credibility and ensures the training addresses relevant issues:
- Incorporate recent case studies and examples from their industry.
- Provide clear escalation processes for reporting potential violations. Today, all companies should have speak-up or helpline systems in their compliance programs just for this purpose.
- Address specific risks and laws relevant to all countries where employees are working.
4. Lead from the Top
Demonstrate the importance of antitrust compliance through leadership involvement:
- Have top executives attend and actively participate in training, and remain involved after training to reinforce the message.
- Confirm that top executives understand that compliance applies to everyone and their engagement with compliance training sets the tone for their entire organization.
- Train commercial lawyers at the company to make sure that they are up to speed on antitrust issues. They are one of the first people employees will come to with questions. (In one instance, an untrained business unit lawyer recommended resolving a commercial dispute by entering into an illegal market sharing agreement with a competitor.)
5. Measure Success and Adapt Training
To ensure your antitrust training remains effective:
- Implement systems to measure the impact of your training efforts.
- Gather feedback from participants to continuously improve your approach.
- Regularly update your content to reflect changes in law, business practices, and industry trends.
6. Create a Culture of Continuous Learning
Effective antitrust training is not a one-time event:
- Implement follow-up meetings where supervisors reinforce key points.
- Establish a network of local compliance champions to keep the message alive. They can act as resources within their teams, promoting compliance and answering questions that arise.
- Offer recognition certificates that highlight key antitrust compliance points but also acknowledge employees’ accomplishment.
- Remember and use the great variety of other forms of communication, in addition to training.
Conclusion
Effective antitrust compliance training is about more than just imparting knowledge or ticking a box—it is about creating a culture where compliance is a continuous priority. By focusing on interactive, relevant, and tailored training, you can create programs that foster an environment of accountability, where employees at all levels understand the importance of following the rules and protecting the business from antitrust risks.
