FENCiT activities are to be conducted in a manner that complies with all laws relating to competition and trade practices.
These laws are intended to promote open and fair competition in all commercial endeavours. Care must be taken to ensure that FENCiT activities do not fall within the categories of unlawful acts established by the courts as anticompetitive. At its broadest, anti-competitive conduct is conduct involving two or more competitors which is likely to substantially lessen competition in a market. Specific examples are cartels, price fixing and anti-competitive agreements.
To avoid any circumstances in which comments are made or actions taken which could, or could be perceived to, contravene the law, participants in FENCiT meetings and activities must comply with the following guidelines:
- Avoid any discussion of current or future prices, market conditions, customer bids, terms of trade, actual production costs, marketing plans or strategies, company plans to expand or reduce production capacity, competition, dividing markets or competitively sensitive information with respect to any product or service.
- Avoid agreements, resolution or other actions, formal or informal that:
- are related to commercial prices or fees
- restrict non deceptive advertising
- constitute a boycott or collective refusal to deal
- could be construed as representing a division or allocation of markets among competitors
- tie the provision or purchase of one good or service to the provision or purchase of another good or service
- are likely to have the effect of raising prices or fees or reducing the quantity or quality of goods or services that are available
- If there is any suggestion of conduct or discussions which could amount to anti-competitive conduct, a warning must be given to cease the conduct or discussions. If the warning is not heeded, the activity, discussion, meeting or event will be terminated.