Compliance with EU Competition LawKim Thurlow2017-07-07T16:53:44+00:00
The following guidelines are intended to help both EPDA staff and members avoid liability under EU competition laws.
1. Activities During the Meetings
Member representatives responsible for the management of meetings (chairmen) and staff at EPDA meetings, wherever they are held, are not allowed to discuss/exchange information relating to:
prices and resale prices
price trends and/or output and sales, unless the information is sufficiently historic (over six months old) or in the public domain
market share and sales volume of individual companies or groups of companies
profits/costs of individual companies or groups of companies
allocation of geographic marketing areas or sales territories
decisions to quote or bid
matters relating to actual or potential customers or suppliers such as their classification or selection
which can lead to the influence of future competitive behaviour or identify the individual undertaking’s data. This is not an exhaustive list.
2. Meetings Management
EPDA staff and officers of the meetings should issue, in advance, an agenda that must not cover subjects likely to infringe the competition laws.
The agenda, registration forms and minutes of meetings shall carry the following words: “EPDA is committed to complying with EU competition law. The participants to this meeting agree to adhere to the EPDA manual n competition law compliance.”
A lawyer, expert in competition matters, should review the agenda and minutes of all EPDA general assemblies and advise on any anti-competition matters.
If any prohibited subject should be raised, the officers and/or EPDA staff should request that the conversation be immediately ended. If the discussion is continued, the meeting will be closed and foregoing recorded in the minutes.
3. Membership Conditions
Membership rules should not place any existing or potential members at a competitive advantage or disadvantage.
4. Technical Standards
Technical industry standards set up by EPDA should be objective and fully accessible to industry.