Complying with Competition Law
07
Checklist of key items for preventing cartel behaviour
Make all pricing decisions independently of competitors
If you must hold meetings with competitors, do so
strictly in accordance with an agenda that is pre-approved
by the compliance officer in your company and keep
discussions to the point. Do not encourage or engage in
discussions about the general difficulty of doing business,
the unreasonableness of consumers or other competitors,
or behaviour by competitors.
Keep proper records of all contact with competitors.
Be aware that discussing pricing, customers and markets,
or levels of production and supply in informal meetings can
also mean you are breaking the law.
Leave immediately if discussions arise that could be
anti-competitive and make it clear at the time that your
business does not want to be involved. Report the incident
immediately to your compliance officer.
Seek legal advice before entering into any agreement with a
competitor.
Be aware that any agreement with a competitor regarding
price and conditions of supply, or levels of production and
supply, even if unspoken, is considered a criminal cartel
offence.
Be aware that any agreement with a competitor not to
compete for certain customers or in a particular product or
geographic area, even if unspoken, is considered a criminal
cartel offence.
Be aware that agreeing with competitors to submit
pre-arranged bids or tenders, agreeing not to submit a bid
or tender or agreeing to withdraw a bid or tender, is
considered a criminal cartel offence.
Contact the Competition Authority if you suspect or have
information of people rigging bids or colluding on tenders.
If you are the first member of a cartel to admit to being
involved in that cartel you may obtain immunity from
criminal prosecution, subject to complying with strict
conditions and providing evidence on the cartel. The
Competition Authority has a Cartel Immunity Programme in
conjunction with the DPP.