IGD: competition law compliance policy

Date : 20 March 2017
  • IGD exists to provide thought leadership and supply chain best practice for the Food and Grocery Industry. We provide a forum for discussion, learning and opportunities for improvement and the development and sharing of best practice. Membership in IGD is open to all players in the industry on the basis of non-discriminatory, transparent and objective criteria.
  • The policy of IGD is to ensure that in the pursuit of its mission it complies with all competition laws, whether domestic or foreign, which apply to its functions anywhere in the world.
  • This Competition Law Compliance Policy governs the conduct of members’ dealings with IGD within the framework of IGD’s mission. IGD expects all its members to comply with the Policy, and not to prejudice any of the aims or activities of IGD by any departure from it.

1. General

Meetings of competitors under the guidance of IGD are not prevented by competition law. However, IGD members must not use the forum provided by IGD in order to coordinate their commercial activities. Each IGD member must exercise its independent business judgment in pricing its products and services, dealing with its customers and suppliers, and choosing the markets in which it will compete. Any activity that could create even the appearance of a restriction or distortion of competition must be strictly avoided.

2. Individual Responsibility

Whilst IGD expects each member to comply with this Policy in the course of its dealings with IGD, each member must take individual accountability for its full compliance with competition law.

3. Discussion Topics

Competition law prohibits the exchange of commercially sensitive and current market information which competitors normally keep secret. It is impossible to provide an exhaustive list of objectionable discussion topics, as the competitive significance of many issues is dependent upon the context in which they are raised. However, IGD prefers to take a cautious approach in relation to competition law issues. Therefore, no commercial topics outside the scope of IGD’s mission should be acted upon, or even considered, at IGD meetings and gatherings.

In particular, this Policy prohibits any discussions or exchange of information within the framework of IGD’s mission between its members that might constitute or imply an agreement or concerted practice concerning:

  1.  prices or price factors, including discounts, rebates, and reductions;
  2.  costs and demand structure;
  3.  profits and profit margins;
  4. output and sales,
  5.  market shares and sales territories;
  6.  investments and marketing plans;
  7.  bidding or refraining from bidding;
  8.  credit conditions or any other terms or conditions of sale;
  9.  exclusionary practices;
  10.  selection, rejection, or termination of customers or suppliers.

An agreement may include an oral or informal agreement, whether legally binding or not.

4. Exchange of Information

IGD members shall not exchange individualised, up-to-date commercial information, particularly with regard to prices, discounts, costs, investments, output or sales, capacities, customers, or market shares, other than information already legitimately in the public domain.

In general terms, members should only exchange aggregate public historical data for the purposes of advancing IGD’s mission.

5. Meetings

If a meeting or discussion involves practices contrary to this Policy, IGD will terminate that meeting or discussion immediately. A member should invite IGD to terminate a meeting if the member feels that the Policy has been breached.

Minutes are produced for each IGD meeting and are kept on official record.