Complying with Competition Law
23
Members
Members of trade associations can ultimately be held
responsible if the trade association they belong to acts in an
anti-competitive way (i.e. members may have to pay damages
and fines for the conduct of the trade association) and as such
they should:
Ensure that there is a proper agenda before any meeting
Check that discussions are properly recorded and that any
omissions or mistakes in minutes are corrected at the next
meeting
Keep proper records of all agendas, minutes and other
relevant documentation circulated
Be careful when entering into discussions with other
members during or after meetings and avoid any discussion
on sensitive competition issues such as pricing, volumes,
markets and customers
Avoid any exchanges of commercially sensitive information
Seek legal advice before making any commitments or
entering into any agreements on what appear to be
sensitive issues that might raise competition concerns
When attending meetings of the trade association:
·
report any members involved in anti-competitive
discussions
·
object immediately to any discussion of pricing,
volumes and illegal co-ordinated conduct
·
leave the meeting if the discussion continues,
reiterating your objection
·
make sure that your objection is noted
·
distance your company from the discussion in writing
immediately afterwards
·
make sure that you and you company do not
implement anything that was discussed