*DO*
*DO ENSURE STRICT COMPLIANCE AS FOLLOWS: *
*SUPERVISION*
- [image: ✔] Have an EPCA staff member at each EPCA Organized Meeting
- [image: ✔] Consult with company counsel/specialized external counsel
on all questions related to competition law
- [image: ✔] Limit discussions at the meeting to agenda topics
- [image: ✔] Provide each attendee with a copy of these checklists, and
have a copy available at all meetings
- [image: ✔] Remind meeting participants of the importance of
competition law compliance, also when discussions may continue or occur
outside meeting
*RECORDKEEPING*
- [image: ✔] Have an agenda and minutes that accurately reflect what is
discussed, as well as an attendance list, and ensure that these documents
are kept
- [image: ✔] Ensure the review of agendas, minutes and other important
documents by appropriate staff and/or external legal counsel, in advance of
distribution
- [image: ✔] Fully describe the purposes, structures and authorities of
the groups, meetings and specific projects
*VIGILANCE*
- [image: ✔] Immediately protest against any discussion or meeting
activities which appear to violate these checklists and may raise
competition law concerns. Have this protest recorded in the minutes
- [image: ✔] Ask for those discussions/activities to be stopped so that
appropriate legal checks can be made by external counsel
- [image: ✔] Actively dissociate yourself from any such discussion or
activities
- [image: ✔] Leave any meeting in which these activities continue
despite protest and have your departure minuted
*These checklists are intended for the good conduct of EPCA Organized
Meetings but their principles should be complied with also when discussions
take place outside the framework of EPCA Organized Meetings. The checklists
are non-exhaustive. Should you have specific questions, contact EPCA or a
specialized lawyer.*
*DON’T*
*DO NOT ATTEND EPCA ORGANIZED MEETINGS IF NO EPCA STAFF MEMBER IS PRESENT
DO NOT DISCUSS OR EXCHANGE WITH COMPETITORS ANY SENSITIVE COMPETITIVE
INFORMATION THAT WOULD NORMALLY NOT BE PUBLICLY DISCLOSED BY A COMPANY,
INCLUDING FOR EXAMPLE INFORMATION ON:*
*PRICES*
- [image: ✖] Individual company/industry prices, price changes, price
differentials, discounts, allowances & credit terms
- [image: ✖] Individual company data on costs, production, capacity
(other than nameplate capacities), inventories & sales
*PRODUCTION*
- [image: ✖] Plans/strategy of individual companies concerning the
design, production, distribution or marketing of particular products,
including proposed territories of customers
- [image: ✖] Changes in production capacities (other than nameplate
capacities) or inventories
*TRANSPORTATION RATES AND POLICIES*
- [image: ✖] Rates or rate policies for individual shipments, including
basing point systems, zone prices & freight
*MARKET PROCEDURES*
- [image: ✖] Company bids on contracts for particular products; company
procedures for responding to bid invitations
- [image: ✖] Matters relating to actual or potential individual
suppliers or customers
- [image: ✖] Plans to discriminate against or blacklist or boycott
customers, suppliers or competitors
Prohibited discussion topics apply equally to social gatherings incidental
to EPCA Organized Meetings.
*These checklists are intended for the good conduct of EPCA Organized
Meetings but their principles should be complied with also when discussions
take place outside the framework of EPCA Organized Meetings. The checklists
are non-exhaustive. Should you have specific questions, contact EPCA or a
specialized lawyer.*
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