Competition Policy — Template
This template sets minimum standards for {{CompanyName}} to comply with competition/antitrust laws across all jurisdictions where we operate. Replace braces {{…}} with company-specific details and local requirements.
1. Purpose & Scope
Purpose: Promote fair competition, protect consumers, and safeguard {{CompanyName}} from legal and reputational risk.
Scope: This policy applies to all directors, employees, contractors, and third parties acting on behalf of {{CompanyName}} in all markets.
2. Key Definitions
An agreement or concerted practice between competitors to fix prices, limit output, allocate markets/customers, or rig bids.
A position of economic strength enabling a firm to act independently of competitors, customers, or consumers.
Conduct by a dominant firm that forecloses competitors or exploits customers (e.g., predatory pricing, exclusivity, tying).
Non-public data such as current/future prices, margins, costs, capacity, volumes, order books, customer lists, and strategy.
3. Prohibited Conduct
Per Se / Hardcore (Zero Tolerance)
- Price fixing or coordinating discounts, fees, or surcharges.
- Market/customer allocation (by territory, channel, or account).
- Output limits or production quotas.
- Bid-rigging (cover bids, bid rotation, or bid suppression).
Potential Abuse of Dominance
- Exclusivity or loyalty rebates that foreclose rivals.
- Refusal to supply essential inputs without objective justification.
- Tying/bundling that restricts choice or forecloses access.
4. Information Exchange with Competitors
Generally Safer (Aggregated & Public)
- Historical, aggregated, and anonymised data via third-party platforms.
- Public industry reports or regulatory statistics.
High Risk (Avoid)
- Current or future prices, margins, costs, capacity, volumes.
- Customer-specific or account-level data.
- Strategy, product roadmaps, or bidding intentions.
Meeting with competitors — do’s & don’ts
- Have a documented agenda; invite {{LegalContact}} where appropriate.
- Object and leave if sensitive topics arise; record your objection.
- Keep accurate minutes; circulate only to approved attendees.
5. M&A / Gun-Jumping Controls
- No integration activities before regulatory clearance (no control, no influence).
- Use clean teams for competitively sensitive information during due diligence.
- Follow the Pre-Closing Do/Don’t checklist below.
| Pre-Closing Do | Pre-Closing Don’t |
|---|---|
| Plan integration at high level; identify Day-1 tasks. | Implement pricing or customer decisions jointly. |
| Use clean-team protocols for sensitive data. | Share real-time pricing, margins, or customer lists broadly. |
| Define permitted info flows and recipients. | Direct the target’s commercial strategy or approvals. |
6. Dawn-Raid Playbook
- Verify IDs and warrant/decision; record time of arrival.
- Notify {{LegalContact}} and {{RaidCoordinator}}.
- Escort officials to a meeting room; no unsupervised access.
- Cooperate lawfully; do not obstruct.
- Do not delete/alter documents or messages.
- Answer only what is asked; request counsel presence if interviewed.
Forensics & IT
- Implement legal hold; suspend auto-deletions/backups rotation if needed.
- Prepare device inventory; provide access paths as lawfully required.
- Track copies taken and hash values where provided.
7. Leniency Reference
Where credible cartel risk is identified, consider early outreach to relevant authorities for immunity/leniency. See Leniency — How It Works for a step-by-step overview.
8. Reporting & Investigation Workflow
- Report: Employees must promptly report suspected violations to {{LegalContact}} or via the confidential channel below.
- Triage: Legal conducts initial assessment and preservation steps.
- Action: Determine remediation, external counsel, and (if appropriate) regulator contact.
- Outcome: Implement corrective measures and document findings.
9. Training & Certification
- Mandatory onboarding module within 30 days of start date.
- Annual refresher for all commercial, procurement, and leadership roles.
- Targeted sessions for sales, pricing, product, M&A, and trade-association participants.
Minimum learning objectives
- Identify cartel red flags and information-exchange risks.
- Understand dawn-raid rights/obligations and clean-team protocols.
- Know how to report and preserve evidence.
10. Records, Monitoring & Audits
- Maintain meeting agendas, attendees, and minutes for competitor contacts.
- Log trade-association participation and topics discussed.
- Document data-sharing justifications and anonymisation steps.
- Conduct periodic risk audits and remediate gaps.
| Activity | Owner | Frequency | Evidence |
|---|---|---|---|
| Competitor meetings log review | {{PolicyOwner}} | Quarterly | Log file; sample minutes |
| Trade-association agenda audit | {{LegalContact}} | Semi-annual | Agendas; attendance |
| Clean-team compliance check | {{MAndALead}} | Deal-specific | Access lists; NDAs |
11. Roles & Contacts
{{PolicyOwner}} — {{PolicyOwnerTitle}} | {{PolicyOwnerEmail}}
{{LegalContact}} — {{LegalTitle}} | {{LegalEmail}}
{{DawnRaidHotline}} (24/7) — {{RaidCoordinator}}
12. Employee Acknowledgment
Employees must certify that they have read and will comply with this policy.
| Name | Title | Department | Date | Signature |
|---|---|---|---|---|
| ________________ | ________________ | ________________ | ____ / ____ / ______ | ________________ |
Digital acknowledgment may be captured via HRIS or LMS.
13. Version & Jurisdiction Notes
| Version | Date | Editor | Change |
|---|---|---|---|
| v1.0 | {{YYYY-MM-DD}} | {{EditorName}} | Initial release |
Jurisdiction Addenda
Add local-law specifics here (e.g., EU, UK, US, NO) including thresholds, procedures, and regulator contact points.
⚖️ Educational template — customise with local legal advice before adoption.