Whereas EATA represents the common interests of its member companies at EU level, Whereas this implies that its member companies cooperate and exchange information on regulatory issues of common interest on a regular basis, Whereas according to EU competition law, an exchange of information between companies that are competitors in the market can restrict competition, either by artificially increasing transparency in the market and facilitating the coordination of companies’ competitive behaviour, or by foreclosing the market to companies that are not participating in the exchange, Whereas failure to comply with competition law can result in civil and criminal sanctions for trade associations, companies and individuals,
All participants in EATA meetings are requested to apply the principles laid down in this compliance document to ensure that EATA avoids engaging in or even giving the appearance of engaging in conduct that would be inappropriate from a competition law perspective.
Organisation of meetings
- Establish terms of reference for each EATA working group.
- Establish an agenda for each meeting.
- Discuss only issues that are mentioned in the agenda. If a decision is made during the meeting to add additional items to the agenda, this should be noted in the minutes of the meeting.
- Ensure that the issues discussed fall within the remit of the committee, working group, task force or expert group concerned in accordance with the terms of reference.
- Establish an attendance list.
- Establish minutes/action points that reflect the outcome of the meeting and transmit these to all participants in a timely manner.
- Keep on record the agenda, attendance list and minutes/action on the team site of the committee, working group, task force or expert group concerned.
- Make this compliance document available to all meeting participants.
- Apply these principles to all EATA meetings regardless of how and where they take place, including conference calls.
– Do not discuss the market conduct of individual companies, be it in relation to the application of EU law or in relation to any other matter.
– Do not discuss or exchange the following information:
- Individual company prices, discounts, margins, credit terms, warranties or terms and conditions
- Individual company data regarding costs, production, investments, capacity, inventories, sales, orders or profits
- Individual company plans regarding the development, design, production, distribution or marketing of particular products
- Individual company bids on contracts for particular products or procedures for responding to bid invitations
- Matters relating to actual or potential competitors, suppliers, distributors or customers that might have the effect of excluding them from any market
- Any other information that you or any member company considers sensitive even if it does not fit in any of the categories above
– Do discuss or exchange the following information when this serves a useful purpose for the work of your committee, working group, task force or expert group:
- Regulatory developments and their implications for the automobile industry
- General economic indicators
- Overall industry outlook
- Data that are publicly available (from or through public authorities, Internet, companies’ annual reports or other publications)
– When asked by public authorities to assess the cost impact of new regulatory requirements, always provide aggregate data or estimates without disclosing, disseminating or sharing individual company data.
– Consult legal counsel of any of the participating associations in EATA whenever you have doubts whether discussing a particular issue or exchanging a particular piece of information would be appropriate from a competition law perspective.