Compliance and Ethics: Ideas & Answers. Edition 25
Dear friends,
Welcome to the 25th edition of Compliance and Ethics: Ideas & Answers!
Today, we'll firstly have a look at an interesting piece from Ann Minu Jose on India’s growing need to promote competition compliance. Then we have a piece from Adam Balfour on understanding what role Artificial Intelligence will play in the world of Compliance and Ethics.
And as always, there's more content on our website so please do?visit us there?to read our other articles.
Thank you, Joe.
India’s growing need to promote competition compliance
On May 20, 2023, the Competition Commission of India (‘CCI’) celebrated its 14th annual day. It marks the commencement of the enforcement provisions of the (Indian) Competition Act, 2002. CCI is a relatively young antitrust regulator. But in a short span of time, it has made its presence felt. Last year, CCI imposed a penalty of approximately USD 163 million on Google for abusing its dominant position with respect to licensing of the Android mobile operating system.
Conversely, when it comes to compliance guidance and programs, I haven’t seen much impetus from the CCI. The CCI does deserve credit for issuing its?Compliance Manual for Enterprises,?released in 2017. This?was a joint initiative of the CCI and the Competition Law Bar Association. The Manual gives a brief explanation of the conduct regulated by the CCI supported by hypothetical scenarios and the procedures to be followed if a matter comes before the CCI. It also covers topics such as the benefits of compliance and the elements to implement a competition compliance program along with an illustrative list of dos and don’ts and key tips. However, we have not seen any reference or recognition of competition compliance programs in CCI’s regulations or orders so far.?
CCI’s current focus appears to be spreading awareness about competition law and the behaviours forbidden by the legislation. One can see regular updates on CCI’s social media handles about the various outreach initiatives carried out by its officers and resource persons across the length and breadth of the country. CCI can be seen to be actively reaching out to government departments, state industrial corporations and public sector undertakings to emphasize competition issues in public procurement. It is highlighting the implications of the recent amendments to the chambers of commerce. Further, to promote awareness and encourage a debate on competition law and policy, there are outreach events targeted at students in law schools, management colleges and officer training institutions. No doubt this will prove to be a fruitful exercise. I worked with the CCI when competition law jurisprudence in India was in a nascent stage and the gap in awareness even amongst members of the legal community was high.
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Ethics, Compliance and Artificial Intelligence
by Adam Balfour
There is understandably a lot of discussion about the benefits and risks of AI, and what its impact will be on humans, society and humanity as a whole. Technology and AI are certainly going to be part of ethics and compliance programs going forward, and I view it more as “how to do we use effectively” rather than “should we use this.”
Sociologist, Dr. Sherry Turkle is, has made a number of comments on technology that really resonate with me and I view as relevant to how compliance programs will approach AI, including "I am not anti-technology, I am pro-conversation” and "I am less concerned about computers becoming human and more concerned about humans becoming like computers.”
Chatbots, AI and other technology have their place and use, but so does human to human conversation and interaction. Artificial and emotional intelligence are both needed to support today’s employees - I don’t think you can have one without the other. Technology such as Global Entry is great because I can skip the lines at immigration and don’t feel a need to speak with a person as part of the process, but there are other times when human needs are better served by connecting with another person.
How are other people introducing artificial intelligence into their programs while balancing this with emotional intelligence and maintaining a human focused approach?
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