Overview
- Integrity in Business Transactions
- Antitrust Compliance Program
- Behaviour in Business Program
- Tailor-made Programs
- References
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2.
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Antitrust Compliance Program
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| 2.1 |
Content
The Antitrust Compliance Program consists of the following
modules:
- Guidelines concerning Behaviour in Competition
- Antitrust Audits
- Training of staff
- E-learning program
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| 2.2 |
Guidelines concerning Behaviour
in Competition |
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| 2.2.1 |
Definition
Guidelines concerning Behaviour in Competition contain
certain basics with respect to business practices which
are relevant with regard to competition law. They serve
as an assistance of a company's staff in its daily business
activities.
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| 2.2.2 |
Content
The Guidelines concerning Behaviour in Competition
contain a number of introductory regulations concerning
the application and the consequences of competition
law.
The individual patterns of behaviour in lateral business
relations follow.
Topics:
- Prices and conditions of supply
- Market sharing
- Boycotts
- Joint ventures
- Trade associations
Patterns of behaviour in vertical business relations
are given.
Topics:
- Resale prices
- Exclusivity
- Parallel import
- Tying
- Competition clause
- Patent, trademark, copyright
- Improvement and new applications
- Supply agreements
Finally, it is shown what basic regulations of behaviour
a company with a dominant market position must observe.
Topics:
- Discrimination on pricing
- Discrimination on fixing rebates
- Imposing exclusive purchase commitments on customers
- Fidelity rebates and rebates with similar effects
- Unfair or predatory pricing
- English clauses
- Refusal to sell
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| 2.3 |
Antitrust Audit |
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| 2.3.1 |
Definition
The purpose of the Antitrust Audit is to check the
courses of business regarding any risks and to train
the participants in questions in the field of competition
law. They shall be in a position to recognize in time
any problems and risks occurring in their daily business
activities. The Antitrust Audit furthermore treats impending
questions concerning the competition law in general.
The company-internal examination finally ensures a correct
behaviour of all subsidiary companies in matters of
competition law.
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| 2.3.2 |
Schedule
The Audit starts with the training of the participants
concerning the competition law and will take approximately
one and a half hours. Subsequently, spot-checks are
carried out on the company's business correspondence
and documents. They will take four to five hours. Finally,
the results of the examination are evaluated and discussed
with the staff for approximately half an hour.
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| 2.3.3 |
Minutes of the Antitrust Audit
Subsequent to the Antitrust Audit the subsidiary company
receives the minutes containing the training results
as well as a list of the inspected business correspondence
and documents without valuation.
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| 2.3.4 |
Internal minutes
The parent company receives detailed minutes on the
inspected business procedures. These minutes contain
a summary of the results of the Antitrust Audit and
suggest possible measures to take. If any offences against
the competition law have been noticed, the minutes also
propose, as far as it is possible, irreproachable alternative
solutions.
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| 2.4 |
Training |
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| 2.4.1 |
Definition
By means of practical examples, which in some cases
present themselves during Antitrust Audits in the company
concerned, the staff is familiarized with circumstances
that are relevant with regard to competition law. The
training is aiming at putting the staff in a position
to recognize any problems and risks of their daily business
activities in time and to react appropriately.
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| 2.4.2 |
Scope of Training
During the first part of the training the Guidelines
concerning Behaviour in Competition are discussed in
detail. Thereupon the participants are shown some practical
examples.
The training program includes:
- Lateral business relations
- Prices and conditions of supply
- Market sharing
- Boycotts
- Joint ventures
- Trade associations
- Vertical business relations
- Resale prices
- Exclusivity
- Parallel import
- Tying
- Competition clause
- Patent, trademark, copyright
- Improvement and new applications
- Supply agreements
- Patterns of behaviour in case of a dominant market
position
- Discrimination on pricing
- Discrimination on fixing rebates
- Imposing exclusive purchase commitments on customers
- Fidelity rebates and rebates with similar effects
- Unfair or predatory pricing
- English clauses
- Refusal to sell
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| 2.4.3 |
Additional Steps accompanying the Training
There are various possible steps accompanying the training:
Presentation of the Guidelines "Behaviour in Competition"
in internal company-newsletters, carrying out of a contest
to refresh the studied topics, etc.
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| 2.5 |
E-learning program
In
addition to the training, an e-learning program (ROCLID)
which conforms to the requirements of the company in
question is offered in co-operation with external specialists.
The e-learning program is based on the guidelines "behaviour
in competition" of the company in question and
includes practical examples. It's purpose is the up-date
of the latest developments in antitrust law. |
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| 2.6 |
Purpose of the Antitrust Compliance Program
The training of the employees and the selective inspection
of business documents with regard to competition law
belongs to the obligations of the management. This obligation
can be met with a regularly performed Antitrust Compliance
Program. Moreover, Antitrust Audits and Guidelines concerning
Behaviour in Competition improve the awareness of the
staff with respect to corresponding inspections by the
competition authorities, which might be carried out
at any time.
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