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Elekta Competition Compliance Policy

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Elekta Competition Compliance Policy Elekta Competition Compliance Policy What’s permissable – what’s not? 1 PURPOSE This Competition Compliance Policy (“Policy”) sets out Elekta’s policy of competing vigorously and fairly in compliance with competition laws. The Policy is designed to enhance and provide further guidance to the standards of conduct regarding anti competitive behaviour as set out in the Elekta Code of Conduct. SCOPE This Policy is applicable to all Elekta Group companies and Elekta employees. RESPONSIBILITY It is the responsibility of each Elekta employee to know and understand this Policy. The managing director of each legal entity within the Elekta Group shall have the ultimate responsibility to ensure Contents that all Elekta Professionals are made aware of this Policy and its contents and that INTRODUCTION ............................................................. 4 it is fully implemented. WHO IS COVERED BY THIS COMPETITION COMPLIANCE POLICY? ................................................ 4 WHAT IS COMPETITION LAW? .................................... 4 THE COST OF BREAKING THE LAW ............................ 4 It is the AREAS OF RISK ............................................................. 6 responsibility of each 1. Dealings with competitors ................................... 10 Elekta employee to 2. Dealings with customers .......................................13 know and understand this Policy. 3. Dealings with suppliers .........................................14 4. Dealings with business representatives ......................................................15 5. Research & development and intellectual property rights ....................................16 6. Dominant market positions ..................................17 7. Trade associations .................................................19 8. Merger, acquisitions and DEFINITIONS joint ventures .........................................................21 • Business Representatives are defined as all Elekta distributors, agents and service partners. 9. Public procurement bids .......................................21 • Elekta Group is defined as Elekta AB and any DAWN RAIDS ................................................................ 22 direct or indirect subsidiaries thereof. WHERE TO GET FURTHER INFORMATION ............... 22 • Elekta employees includes consultants and temporary workforce. BE CAREFUL WHAT YOU WRITE AND SAY ................ 23 2 3 INTRODUCTION The term “agreement” has a very wide meaning and nationals for activities outside the US that impact US Elekta has a Competition laws (also known as “antitrust laws”, “anti- includes formal as well as informal agreements, written commerce. monopoly” or “fair trade practices laws”) apply wherever and oral agreements, explicit or implicit deals or under- Elekta does business in the world. The laws may differ in standings. As soon as there is a “meeting of the minds” Civil liability: Companies may also be sued by injured policy of zero some respects, but they generally address similar kinds an agreement exists. parties for damages resulting from infringement of the competition rules. of conduct and share common underlying values. Where a “meeting of the minds” has not yet been reached, tolerence of This Policy is intended to provide all employees with a conduct can still fall within the scope of “concerted practic- Contractual risk: Anti competitive terms in a contract general understanding of competition compliance and will es”. That could mean an informal cooperation without any can lead to the offending clause or even the whole agree- anti competitive help you to identify potential competition law issues and agreement, but where there is evidence of contact between ment being deemed void, which may make any infringing know when to seek advice. This isn’t a definitive document the parties and the contact has changed or is intended to contract with a customer, supplier or competitor unen- and should always be read and interpreted in conjunction change the parties’ market behavior. forceable. with applicable laws in each country under the guidance of practices. Competition law applies to agreements between compa- In addition to these penalties, the cost of defending a Elekta’s legal department. nies. It applies to agreements entered into between com- competition claim or investigations by the authorities petitors (sometimes known as “horizontal agreements”) can be huge and may result in serious disruption to a WHO IS COVERED BY THIS COMPETITION and agreements entered into between a company and its company’s business. We compete COMPLIANCE POLICY? suppliers, customers, distributors or other companies op- All employees are personally responsible for applying erating at different levels of the production or distribution These cases or investigations can also seriously impact this Policy throughout the Elekta Group at all times. chain (sometimes known as “vertical agreements”). Many the image and reputation of a company and the share vigorously and You must also make it your responsibility to adhere to agreements between competitors are illegal, which means price may also be significantly affected. the competition laws and regulations in force in the that they are so clearly harmful to competition that they fairly. various countries in which the company operates. cannot be justified. Examples include competitors agreeing to fix prices, divide territories, allocate customers, jointly You must seek timely advice from Elekta’s legal boycott customers or suppliers, limit production or engage department if you have any questions or concerns in bid rigging. relating to this Policy or competition law. There can be no excuses for non-compliance. These practices may be referred to as cartels. Actions taken in one country may have an impact in others; certain WHAT IS COMPETITION LAW? actions can therefore be subject to laws of various coun- Competition is the rivalry in which each person strives to tries. For example, a US company and a Russian company “All employees gain or win something by defeating or establishing supe- whose conduct affects the EU territory will be subject to riority over the others. The main purpose of competition and regulated by the EU competition legislation. are personally laws is to protect and foster the efficient operation of a free market by assuring the preservation of competition THE COST OF BREAKING THE LAW responsible for among companies at all levels of trade. Competition laws The consequences of breaking competition laws can be thus prohibit agreements, practices and conduct which very serious, both for the company and for any employee have a damaging effect on competition, such as agreement whose conduct is the basis of the violation. The following applying this between competitors or abuse of market power, both of are typical of the penalties that can be incurred. which can lead to a decrease in business efficiency, restrict Fines: Companies that break competition rules may face Policy through- innovation and technical development and may lead to significant fines. A violation of the EU competition rules can higher prices or lower quality or output on the market. result in fines of up to 10% of a company’s global turnover. out the Elekta Although the scope and content of competition laws may In the US and various countries in the Asia Pacific region, vary from region to region, generally speaking two princi- a violation of the competition rules is a crime and prosecu- pals will form the basis of the law: tors frequently seek substantial fines from companies. Group at all • the prohibition of anticompetitive agreements Criminal risk: In many countries a company’s executives times.” and practices; and and employees involved in illegal anti competitive practices can be prosecuted. The US Justice Department actively • the prohibition of abuse of a dominant position or seeks to enforce criminal penalties even against foreign substantial market power. 4 5 AREAS OF RISK – OVERVIEW AREAS OF RISK – OVERVIEW What’s permissable Dealings with Price Fixing and Pricing 10 11 11 competitors Joint bidding Trading Conditions – what’s not? Arrangements Division of Markets, 10 11 11 Joint Purchasing Joint bidding Territories and/or Customers Bid Rigging 10 Cooperation Agreements 11 Limitation of Production 11 HERE ARE SOME POTENTIAL RISK AREAS for Trading Conditions 10 Investments 11 Exchange of Information 11 Anti Competitive behavior which we have categorised Boycott 10 as Red Flag matters, Amber Flag matters and Green Flag 10 matters. These lists are not definitive and you should Buyer’s Power contact Elekta’s legal department if you believe that you Limitation of Production 10 are involved in a matter that it is not expressly covered Exchange of Information 10 in this section. Investments/Market Entry 11 This advice has been divided into particular areas. Dealings with Many of the principles will relate to more than one of 13 13 competitors Price Price these headings so all employees must ensure they have 13 13 read the entire Policy and not just those sections they Refusal to Deal Refusal to Deal assume relate to them. Restrictions on Use 13 Restrictions on Use 13 Long Term Supply 13 13 Dealings with 14 suppliers Price Agreement Exclusive Supply Agreements RED FLAG Competition Clause matters are those which will in most countries be considered illegal and therefore not permitted. Dealings with 15 15 15 business Prices Territory Prices represtatives Territory 15 Competition Clause 15 R&D and 16 16
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