Antitrust Reminder

Dos

Don’ts

·         Before a Meeting

·         For each meeting, written invitations are sent out (an e-mail is sufficient).

·         There is an agenda for each meeting, except for regularly occurring events (such as AMAP colloquia, team meetings) with constantly recurring main topics.

 

·         During a Meeting

·         The person in charge of taking the minutes should be specified right at the beginning of a meeting.

·         Make sure to closely follow the agenda.

·         Ensure that complete minutes are taken of the entire meeting.

·         Avoid “spontaneous statements” on topics not included in the agenda.

·          “Spontaneous statements” with antitrust content (for example: “We finally need to talk about the prices.”) require an immediate reaction.

·         This not only applies to the person running the meeting, but also to the other participants.

·         Advise the participants that the spontaneously raised issue must not be discussed and ensure that your objection is recorded in the minutes.

·         In cases of doubt, make sure to first check whether the issue is uncritical from an antitrust point of view before discussing it. If the issue raised is uncritical, it can be put on the next meeting’s agenda.

·         If, however, the discussion persists, immediately leave the meeting. Be adamant that the exact time of your departure be recorded in the minutes.

·         Make sure to inform the AMAP Management and possibly also the legal department of your company about such an event.

 

·         After the Meeting

·         Make sure to check whether the meeting’s minutes are complete and correct.

·         To avoid misunderstandings, make sure that the language used for the minutes is both clear and understandable.

The following topics must never be discussed in formal or informal meetings attended by companies that compete with each other:

 

·         Product Pricing

·         Pricing, price gap(s), future pricing strategies

·         Effects of cost increases on pricing (e.g. agreement on passing on increasing raw material, energy or labor costs)

·         Individual terms and conditions of sale and payment, discounts, surcharges, bonuses, etc.

 

·         Customers/ Suppliers

·         Sharing of markets or sources of supply

·         Individual customer relations

·         Allocation of customers or suppliers to certain companies (e.g. so-called “preferred suppliers”)

·         Quantity restrictions or allocation of certain supply quotas

·         Agreement on “non-aggression pacts”

·         Boycotts or calls for boycott

 

·         Key Figures

·         Individual cost items of the company, cost accounting formulas (product-specific details on delivery costs, production, stocks, etc.)

·         Product-specific details on order backlog, sales figures, delivery times

 

·         Future Market Behavior

·         Plans for capacity increases/reduction, if they allow drawing conclusions about the products

·         Planned projects relating to “non-precompetitive” research and development, investments, production, marketing or sales