Competition Law
A Summary for AREF Committee Chairs
This summarises some of the important practical tips for chairing member meetings and when AREF facilitates the exchange of member information.
CONDUCT OF MEETINGS
As Committee Chair, you are responsible for good governance at those AREF meetings which you chair. You must ensure that the meeting does not stray into anti-competitive discussions. You will have the assistance of AREF secretariat during the meeting in particular to identify issues as they arise which could be problem. It will then be for you to take action to control the meeting.
It is good practice to open AREF meeting by reminding members of their obligations to comply with competition law. We ask that you should always read aloud the following statement:
I would like to remind members that all discussions held between us during the course of this meeting, as well as outside it, are subject to the application of competition law. We are required to act in accordance with competition law at all times and we cannot engage in action which contravenes competition law in any way.
DO
- Ensure that the meeting agenda has been circulated in advance. A list of questions for discussion by members can form the agenda – check that these have been vetted in advance
- Stick to the agenda and take particular care with any new issues introduced at the meeting
- Ensure that a list is kept of all participants present and of the arrival and departure of members, any objections made by members and requests by members to end discussions on certain topics or to avoid certain subjects
- Terminate immediately discussions that may breach competition law, such as discussions on pricing or business strategies or which involve sharing other commercially sensitive information
BEWARE
- Ad hoc or informal discussions or seminars without a written agenda
- Meetings held for no declared or apparent reason
DON’T
- Permit discussions on prices and fees or customers
- Impose obligations on members to use standard terms and conditions or use model documentation
- Make recommendations against a particular supplier
- Exclude relevant stakeholders/members from particular projects
EXCHANGE OF INFORMATION BETWEEN MEMBERS
DO
Discuss and exchange information regarding general activities, including:
- New legal/regulatory developments
- Lobbying Government
- Training
DON'T
Discuss or exchange specific, commercially sensitive or confidential member information, including:
- Future business strategy (e.g. conditions of sale, pricing, product launches or technical development)
- Actual or potential individual customers or markets
- Suppliers, when the effect is to exclude them from any market or to influence the business conduct of firms towards such suppliers