Fair Business

Fair competition

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Competition and antitrust laws protect the marketplace by promoting free and fair competition. We are committed to fair competition and do not engage in anti-competitive behavior.

This means that we:

Do not tolerate violations of competition and antitrust laws
Do not make arrangements with competitors to restrict competition (either directly or indirectly through a third party)
Do not discuss or exchange commercially sensitive information with competitors

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Anti-competitive behavior refers to business practices that prevent or reduce competition in a market. It includes anti-competitive arrangements where companies either agree or have an understanding not to compete with each other in certain ways. Examples include competitors fixing prices, rigging bids or dividing markets or customers between themselves. It can also include monopolization or the abuse of a dominant position.

Checklist for meetings with competitors

Before the meeting:

Check the agenda and make sure you understand the rationale for the meeting. This is to avoid topics that would involve anti-competitive discussions.

During the meeting:

Do not discuss or share any of the following types of information:

Pricing or other price-related terms given to customers
Individual company price changes, discounts, credit terms
Bids on contracts
Any individual company’s input costs or facility utilization
Allocation of markets, customers or regional areas
Any company-specific business plan, market initiative, market share data, customer lists or any other confidential information

If a discussion moves into an area that could be sensitive, interrupt and object to any potentially anti-competitive discussions. Staying passive is not acceptable and cannot be used as a defense.
If possible, ensure the objection is recorded in the minutes

Remember: These guidelines also apply if the information exchange is initiated or facilitated by a public authority.

I’m at an industry event that includes many of our competitors. Two of them start discussing a project that is out to tender, and they invite me to join in the conversation. What should I do?

Discussing upcoming tenders with our competitors potentially violates competition law and must be avoided. Decline to participate in the conversation, excuse yourself and contact your Legal team to report the matter.