Sales and Marketing Competition Compliance - Checklist

Drafting notes

Sales and marketing staff are the ‘front line' of companies, typically having direct involvement in commercially sensitive matters such as agreeing prices and terms and conditions with customers which can lead to competition law breaches. When competition law infringements occur this is often as a consequence of inappropriate conduct by business people in such a competitor/customer facing role. As a result, they need to be especially mindful of competition law risks in their dealings with competitors, customers and agents.

Dealings with competitors

Checklist	Notes
High risk areas Competitor contact (such as through a trade association or other industry gathering) presents an increased risk of a competition law infringement. Sales and marketing personnel should not: Take joint action with competitors in respect of prices or other terms and conditions of supply. Agree with competitors to allocate product markets, territories or customers. Agree with competitors to limit production or investment. Discuss confidential commercial matters including pricing with competitors. Exchange or seek from competitors sensitive and unpublished commercial information; generally, the more recent and individualised the information the greater the competition risks. Indirectly share with competitors commercially sensitive information.

Checklist

Notes

High risk areas

Competitor contact (such as through a trade association or other industry gathering) presents an increased risk of a competition law infringement.

Sales and marketing personnel should not:

Take joint action with competitors in respect of prices or other terms and conditions of supply.
Agree with competitors to allocate product markets, territories or customers.
Agree with competitors to limit production or investment.
Discuss confidential commercial matters including pricing with competitors.
Exchange or seek from competitors sensitive and unpublished commercial information; generally, the more recent and individualised the information the greater the competition risks.
Indirectly share with competitors commercially sensitive information.