Document Creation

E-mails and other forms of electronic communication have resulted in far quicker, less considered communication. We send off text messages, whatsapps and e-mails whilst in meetings, driving and at the dinner table. These seemingly innocuous communications often result in high penalties (which can be up to 10% of turnover of the contravening firm).

So, does that mean you can’t communicate at all? – Of course not.

BUT all correspondence and documents must be produced to the Commission during an investigation on demand except communication with your attorneys and in-house counsel, and then only certain documents can be lawfully withheld from the Commission.

• Never discuss prices;
• Do not discuss any component of price;
• Do not suggest arrangements or agreements of any sort without checking first with your supervisor;
• Should you receive communication from a competitor regarding price, don’t respond and take it to your supervisor;
• Do not suggest an alignment or coordination or division of products, services or geographies;
• Do not respond to any communication received regarding products, services, or geographies – elevate these to supervisors;
• Do not enquire about price increases or planned strategies of your competitors.

• It is often a loose comment to a customer which results in complaints to competition authorities
• Do not threaten delisting as a result of price issues;
• Do not avoid discounting by asserting that suppliers do not like it and/or do not permit it.

• Sometimes colleagues leave, in unhappy circumstances, and use internal correspondence against the company;
• Also, if the Commission is investigating conduct, correspondence between colleagues must be produced to the Commission on demand by it;
• So, do not believe there is a safe harbour in communications with colleagues;
• Do not record discussions with competitors;
• Do not communicate planned or suggested co-ordination with competitors;
• Keep communication as short and factual as possible.