Complying with Competition Law
22
The Competition Authority has compiled a list of practical tips
to assist trade associations and their members in complying
with competition law. Again this list is merely an aid and is not
exhaustive. Legal advice is still the best and safest route to
follow where there is any uncertainty.
Trade associations
Ensure that all members are well informed of the fact that
the trade association supports and requires strict
compliance by its officers and members with competition
law
Include a commitment to compliance with competition law in
the trade association's constitution and perhaps even
introduce a competition law compliance programme
Make sure that the trade association's constitution or
charter does not include any anti-competitive aims or
provisions
Ensure that membership criteria are clear, objective and
impartially applied
Be careful that the trade association's powers over its
members can not be used as a method of restricting
competition between members
Avoid any exchange of current and specific information on
price, capacity, costs and other commercially sensitive
information
Avoid any exchange of information regarding sales and
volumes or future pricing or quantities
Stipulate clearly in the rules of the trade association or
code of conduct that no exchanges or discussions around
competitively sensitive issues such as pricing, volumes of
production or sales should take place at meetings
Make it clear at the beginning of every meeting that
discussion around price, discounts or sales conditions and
volumes will not be tolerated, whether before or after the
meeting
Ensure that each and every meeting has a proper agenda
prepared and circulated beforehand and that discussion at
the meeting is strictly limited to the points on the agenda
Keep proper minutes of all discussions and ensure that
minutes are properly signed off at the next meeting
Highlight any areas of concern in the minutes and
immediately rectify any mistakes
Avoid any co-ordinated action that can constitute
anti-competitive conduct such as group boycotts, or even
threats of that nature
Regularly review internal documentation, policies and
procedures and all publications, including website,
magazines and newsletters for compliance with competition
law
Carefully consider whether any suggestion about a
suspension, expulsion or refusal of membership has a
competition law dimension to it
Most importantly, immediately seek legal advice should a
particular situation give rise to a competition law concern
Practical tips for trade
associations and
members