Workplace
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This means:

  • Never talking with or exchanging information with competitors or others to:
    • Fix prices - this can include setting minimum or maximum prices, or "stabilizing" prices;
    • Fix terms related to price, pricing formulas, credit terms, promotions, discounts, allowances, etc.;
    • Divide up markets, customers or territories;
    • Place output restrictions or limits on production;
    • Rig a competitive bidding process, including arrangements to submit sham bids; or
    • Boycott a supplier, customer or distributor or others in the marketplace.
  • Avoid creating even the appearance of an improper agreement or understanding by keeping communications with our competitors to a minimum.
  • Ensuring there is always a legitimate business reason for all communications with competitors.

If you find yourself in a situation where a competitor begins ussing these topics, you should leave the discussion immediately making it clear to everyone present that you are leaving because the conversation is inappropriate. You must report the incident to the Global Law department as soon as possible.

Complying with antitrust and competition laws also means that you should:

  • Not attempt to monopolize or dominate markets except through

Q. Last week, I spoke with some competitors. One said, "Did you notice that our profit margins aren't as good as they used to be?" Another said, "I wish we could do something about the deep discounts." I nodded my head, but said nothing. Later, the companies that were present during the conversation raised their prices. Was the discussion a problem? What should I have done?

A. Yes, the discussion could be a problem. Someone might conclude that everyone present during the conversation, whether they said anything or not, had engaged in price-fixing even though there was never an explicit agreement. If you find yourself present during a discussion like this, immediately break away from the discussion in a way that makes it clear you consider this improper, and promptly call the Global Law department.

 

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Copyright 2007 Schering-Plough