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superior products, service or
performance;
- Seek legal advice before either (i) selling
"below cost" or (ii) creating "bundles"
of Schering-Plough products selling
collectively at a specific price. While
either of these practices may be
appropriate, in certain circumstances
they could violate antitrust laws and
should always be pre-approved; and
- Particularly in the United States, seek
legal advice before charging different
prices to customers who compete with
each other.
Competitive Intelligence
In our complex business environment, we
acquire a large amount of information
about our competitors and their products
and services. It is permissible for
colleagues and third parties working on
behalf of Schering-Plough to gather and
use competitive information. However, the
information must be obtained using only
legal and ethical means.
This means:
- Always gathering information about competitors from public sources such
as Web sites, published articles, price
bulletins, advertisements, brochures and
public presentations. You may also use
information obtained from conversations
with customers (unless the matters
being discussed are known by us to
be confidential).
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Competitive Intelligence
Q. One of my colleagues
recently joined Schering-Plough
from a company that sells a
competing product. May I ask
her about her former company’s
confidential plans for marketing
that product, if the information
would be helpful to Schering-
Plough?
A. No, you should never ask
anyone to provide you with confidential or proprietary
information about a former employer, even if that person
currently works for Schering-Plough.
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