ATC Charter
THE FIDI ANTI-TRUST CHARTER
V.1
OCTOBER 2017
Leading the Fight Against Cartels
FIDI supports the adoption of Anti-Trust compliance programs by its Affiliates. In
this connection, FIDI is determined to support the fight against cartels, which
restrict competition among suppliers to the detriment of customers.
Background
Membership in FIDI is highly valued by its Affiliates, and to ensure that value continues,
all FIDI Affiliates pledge to abide by the highest ethical standards and to free and fair
competition.
The Anti-Trust Charter is a declaration of commitment. It will strengthen the FIDI
organisation, the FAIM programme, and all Affiliates by making it clear what
distinguishes FIDI Affiliates from non-FIDI companies.
All FIDI Affiliates agree to sign and be guided by the provisions of the Anti-Trust
Charter. The Anti-Trust Charter covers their employees (whether permanent, fixedterm
or temporary) and any associated third parties providing services to or on behalf
of the FIDI Affiliates.
The Anti-Trust Charter will be integrated into FAIM. The procedural and audit
requirements will form part of the FAIM Implementation Manual and the Pre-Audit
assessment.
What Is a Cartel?
A cartel is an agreement, concerted practice or conspiracy among competitors to fix
prices, submit collusive tenders, divide or share markets and, more generally, restrict
competition.
A cartel is regarded as the most egregious violation of Anti-Trust laws in most
jurisdictions, which may lead to the imposition of significant fines as well as, in certain
jurisdictions, criminal penalties.
FIDI Will Not Tolerate Cartel Conduct
FIDI respects the Anti-Trust laws and regulations in the countries in which it operates
and requires that its Affiliates do the same. Involvement in a cartel is unacceptable. It is
against FIDI's core values of competing freely and fairly, based on the added value of its
products and services.
The laws and regulations that sanction cartel conduct are in place in most jurisdictions.
These laws and regulations are designed to promote free and fair competition and to
protect consumers. Anti-Trust compliance programs are e to detect and prevent cartels.
Charter Statement
Undertaking by all FIDI Affiliates with immediate effect
All FIDI Affiliates commit to legal and ethical behaviour, and to refrain from engaging in
any business that will harm the interests of FIDI, other affiliates, clients, or the industry.
FIDI and its Affiliates will take steps to ensure they are fully informed of applicable Anti-
Trust laws and regulations in connection with cartel conduct and other Anti-Trust
violations, and will monitor their employees and business partners to ensure full and
continual compliance.
Legal compliance
FIDI Affiliates will ensure that they are aware of all applicable laws and regulations
covering anticompetitive practices in all the jurisdictions in which they operate, and that
they will obey and uphold those laws and regulations.
FIDI affiliated companies will ensure that they are aware of, and are complying with,
applicable laws and regulations in connection with cartels.
Ethical behaviour
As a demonstration of its commitment, FIDI and its Affiliates pledge to take a zerotolerance
approach to cartel conduct. At all times, FIDI and its Affiliates will act
professionally, fairly and with the utmost integrity in all business dealings and
relationships. This will apply wherever they operate.
Commitment to the values of FIDI
This Charter will be formally integrated into the FAIM quality standard.
Code of Conduct
By agreeing and committing to this Charter, each FIDI Affiliate undertakes to:
1. Never make direct or indirect (via third parties including agents, suppliers or
customers) contact with an actual or potential competitor or other third party,
the object of which is to engage in cartel behaviour.
2. Never propose or reach an agreement, whether directly or indirectly, formally or
informally, with actual or potential competitors, regarding any sensitive
competition-related issues, including:
Fixing prices
Dividing or sharing markets, customers or territories
Rigging a competitive bidding process
3. Report any indication or initiative of improper anticompetitive business conduct
by an actual or potential competitor in accordance to your internal reporting
procedure, including but not limited to, reporting to your legal department
and/or to the relevant Anti-Trust authorities.
4. Not to participate in a meeting of a trade association in which sensitive
competition-related issues are discussed. If such subjects are raised during a
meeting, employees of FIDI Affiliates must immediately ask for the discussion to
end. If not, they must leave the meeting and ask for that to be noted in the
minutes of the meeting.
5. Ensure that all internal and external correspondence, including e-mails and texts,
and documents, discussions and public statements do not contain any statements
that might be misinterpreted by third parties or Anti-Trust authorities and
courts in the context of a potential Anti-Trust investigation.
6. Maintain independent judgment in pricing or selling of any products and/or
services.
7. Limit any information discussed during commercial negotiations, with or
disclosed to competitors or other third parties, to that which is strictly necessary
for completing or assessing the transaction.
Agreement
I confirm that I have read and understood the FIDI Anti-Trust Charter. I accept and agree
to abide by this Charter and the Code of Conduct, which is included in the FAIM
Implementation Manual and is available on the FIDI website.
I understand and accept that participating in a cartel, as described in this Charter, in a
final decision of a competent authority, is considered as non-compliance with this Anti-
Trust Charter.
I understand and accept that non-compliance with this Charter signifies non-compliance
with FAIM pre-requirements, which will result in expulsion from the FIDI organization.
Date: / /
Individual:
Title:
For and on behalf of (Affiliate company)