Compliance regulation

Compliance regulations

GfG Quality Association for Gabions e.V.

on antitrust law

In the collaboration of experts from different companies and organizations, as is the case in the voluntary committee work of the Quality Association, there is a risk of restrictive agreements under Section 1 Competition Act, Art. AEUV. This mainly includes agreements between competitors relating to prices, quotas, customers or territories, aimed at causing a significant restriction of competition. In addition, the European ban on cartels applies if the aforementioned practices are likely to affect trade between member states. This prohibits all national and international agreements between companies, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition (Section 1 of the Competition Act, Art. AEUV.

The aim of this Quality Association compliance regulation on antitrust law is therefore to raise awareness of this issue among the Quality Association’s committee members and to create an information base in order to prevent possible conduct by experts that may be questionable under antitrust law in the context of meetings and the preparation of regulations and knowledge documents. Information or agreements on prices, pricing strategies, margins/profits, discounts, quotas, customers or sales territories as well as strategic orientations/investments are not part of the topics of the meetings and events of the Quality Association.

The Board of the Quality Association has therefore decided that the following points should be observed in the voluntary work of the Quality Association:

1. All persons involved in the work of the Quality Association from various companies, associations, or any person representing business and trade circles (in accordance with § 3.1.1 and 3.1.2 of statutes of the Quality Assurance Association) undertake to pursue the objectives of the voluntary work by legally and ethically irreproachable means in compliance with the statutory provisions and the Quality Association’s compliance regulations on antitrust law. No form of bribery or corruption is tolerated.

2. The head office ensures that the management of the active committees in the Quality Association are aware of the compliance regulations on antitrust law and works to ensure that they are acted upon.

3. There is no predetermination in the creation of regulations and knowledge documents by the individual experts in the committees.

4. The management of the Quality Association’s committees and the office shall ensure that the agendas of the invitations to meetings and assemblies do not contain any aspects that could give rise to competition law concerns. The wording should be clear and unambiguous. It must be avoided that the choice of words gives agenda items that are neutral under antitrust law (e.g. “Miscellaneous”) the appearance of being illegal. If, for example, appointments are to be made here, the agenda item should also be named as such (“Appointments”). Terms such as “prices”, “discounts”, “agree” etc. are critical.

5. The management of the Quality Association’s committees informs the committee members annually that the Quality Association’s compliance regulations on antitrust law must be observed and that it is prohibited to discuss industry-related competition-related topics, such as prices and discounts, or to exchange other sensitive company data in the meetings and assemblies. Confirmation of knowledge and compliance is documented at the committee meetings by signing the list of participants. Deviations from the agenda and behavior that is questionable under antitrust law must be recorded in the minutes. Conduct that is questionable under antitrust law must be pointed out; meetings may have to be interrupted or postponed by the management or other employees of the committees. The office must be informed immediately in such cases.

6. Reference is also made to § 3.1.1 and § 3.1.2 as well as § 5.3.5 of the Quality Assurance Association statutes for the purposes of compliance regulations.

Wittlich, November 11, 2019