Checklist for compliance with competition law
The participants shall not make any agreements concerning coordination of behavior which restrict or influence competition within the meaning of article 101 Treaty on the Functioning of the European Union (former article 81 EC Treaty) and shall not abuse a dominant market position in line with the stipulations of article 102 Treaty on the Functioning of the European Union (former article 82 EC Treaty).
Each participant to the consortium is liable for ensuring strict compliance with competition.
The following advice, although not exhaustive, should be implemented by each party, whether in the context of the formal consortium meetings or the social gatherings incidental to these meetings. Each party shall:
- inform the others in advance whenever competition-relevant data is involved
- ensure that the actual activities of the consortium are in line with its purposes, structures and authorities, as described in the consortium agreement
- restrict cooperation to the purpose and scope defined in the agreement
- limit meeting discussions to the agenda topics
- ensure that the agenda and the minutes accurately reflect the matters
- make sure that data is exchanged on a need to know basis
- ensure that only information relevant to the objectives of the consortium is shared
- keep agendas and minutes of all meetings on file and available
- share individual company data only anonymously and/or after review by a competition expert
In case of doubt, participants should:
- object to any meetings or discussions which appear to contravene to competition law or this checklist
- require to stop those meetings
- dissociate from such discussions and activities and from the attendees who conduct them
- leave any meeting in which such discussions and activities continue and have your departure recorded in the minutes