PRE-COMPETITIVE DISCLAIMER
Some parties involved in these discussions are competitors. Anti-trust and competition laws form the foundation of free markets by regulating business practices to ensure competition is fair & undistorted, and consumers aren’t harmed
These regulations apply to all contacts between all parties involved in these discussions and their personnel, during any physical, virtual or other meeting, email communications and in any follow-up interactions that may occur
We have outlined a set of parameters on the next page to guide which topics parties may and may not engage in. This is however not exhaustive and care should be taken when engaging in discussions
If any party involved in a joint venture meeting has concerns that discussions are veering onto improper subjects such as those identified on the next page, you must:
a) expressly state that such conversations are prohibited, and you cannot be party to the discussions,
b) leave the meeting and ensure your departure is recorded in meeting minutes,
c) report the incident to your legal and/or compliance representative for guidance on next steps
REMINDER OF TOPICS WE MAY AND MAY NOT DISCUSS
WHAT MAY BE DISCUSSED
The following topics may be discussed when referring to this joint venture and while attending this meeting:
Public information
Non-confidential information that is in the public domain
Existing industry standards
Current industry standards that increase product interoperability, compatibility, or safety
Lobbying efforts
Industry public relations or lobbying initiatives
Technical industry issues
Non-strategic technical or scientific data that results in consumer benefits
Sustainability trends
On-going trends in the industry, frameworks and methodologies publicly available
WHAT MAY NOT BE DISCUSSED
The following topics (among others associated with any ongoing or anticipated competition between them) may not be discussed when referring to this joint venture and while attending this meeting:
New industry standards
The creation of any new or revised standards which may affect competition or exclude other competitors from the market
Prices & volumes
Prices charged (or future pricing plans) and/or volumes supplied (or that will be supplied) by any joint venture party to any actual or potential customer
Capacity
Views as to market-wide capacity or pricing trends
Production methods
Specific production methods or capacity plans for future activities
Licensing/royalty schemes
Licensing/royalty schemes without any pro-competitive purpose
Dividing markets
Anything that may be interpreted as dividing markets, geographies or customers or as excluding other competitors from the market
Profits, Losses and Margins
Information on costs of production and margins for a single or groups of suppliers or customer
CAPEX and OPEX
Information on capital or operational expenditure plans
Customer information
Any information concerning any existing customers or potential new customers including terms of sales or delivery offered to those current or prospective customers
Employee benefits
Information on any employees’ salaries or benefits, or the solicitation of employees
Investments
Expressing of any comments or opinions within this meeting or outside to external parties, clients, etc on the level of participation, funding, involvement, or contribution, etc. of any organisation involved in the joint venture