Fair Competition

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Fair competition laws, are enforced in an increasing number of countries around the world. Generally speaking, these laws, including the U.S. antitrust laws, are designed to prohibit agreements or actions that reduce competition and harm consumers. We conduct our business in a manner designed to comply with these fair competition laws. You may not enter into agreements or discussions with competitors that have the effect of fixing or controlling prices, dividing and allocating markets or territories, or boycotting suppliers or customers. You must take special care in collecting competitive information to ensure fair competition laws are not violated. U.S. and foreign antitrust laws also apply to imports and exports.

Question:
I am a member of a professional organization whose members include auditors and other consultants employed by some of our major competitors. At association meetings, we often discuss a variety of business-related issues, including pertinent legislation, changes to professional standards and technological advances in business-application software. Does this violate any antitrust laws?

Answer:
No, but you must use caution in these situations. In particular, you must avoid discussing customers, pricing policy or other competitive terms and conditions of any contracts, plans for new or expanded services, and other proprietary, competitively sensitive or confidential information, whether it pertains to the Company or a competitor. You should not discuss any of these matters even in general terms. For example, you should not discuss plans to increase or decrease prices, impose a new charge or term or condition of sale with a competitor even if the discussion does not involve the exact terms. Leave any meeting at which such topics arise and. Immediately report any discussion, action or transaction that may involve prohibited conduct to the Legal Department or the Office of Business Conduct and Ethics.

 

Question:
A friend who used to work for a competitor has offered me confidential information from the competitor for use in my job. Can I accept this information?

Answer:
No and contact the Legal Department or the Office of Business Conduct and Ethics to report this conversation.