Introduction and Purpose

ERTRAC is the European Technology Platform for road transport research. Its main goal is to set up the research priorities supporting the development of a sustainable road transport system in Europe. ERTRAC involves all the stakeholders of the road transport sector and makes them work together in order to get a system approach of the transport challenges addressed. ERTRAC was established back in 2003 and has now more than 15 years of experience establishing research agendas and roadmaps. In line with the Europe 2020 Strategy, including the communication for an Innovation Union, and related instruments such as the Horizon 2020 programme for Research and Innovation, ERTRAC continues its activities to advise the European Commission on R&D priorities, but also to involve national authorities in order to promote European coordination.

ERTRAC mission and activities are fully in line with the European Commission strategy for European Technology Platforms.

As explained in the Terms of References of ERTRAC, members have to respect rules of compliance:

“All Members of ERTRAC commit to respect the Terms of Reference and to act within the platform in compliance with the principles of good governance. Also the members of the organisations that are Members of ERTRAC shall take part in the activities with respect for the ERTRAC objectives and methods of working.”

The mission of ERTRAC is to cover only pre-competitive research and development activities. The purpose of this document is to complement the ERTRAC Terms of References by clarifying the compliance rules and describe the process to ensure their respect by all members and meeting participants.

 

Reminder of Relevant Antitrust Rules

The most important antitrust statute relating to the organisation activities is Article 101 of the Treaty on the Functioning of the European Union, which prohibits “agreements between undertakings, decisions by associations of undertakings and concerted practices …, which have as their object or effect the prevention, restriction or distension of competition”.

The antitrust laws in most countries which may have jurisdiction over ERTRAC and its members differ only in detail and in each case prohibit as anticompetitive, in particular, agreements and concerted practices between two or more competitors that cover prices or price elements, allocation of customers, allocation of geographic markets, quantities in production and supply or capacities. In addition, agreements between suppliers and customers, such as exclusive supply or purchase commitments, territorial limitations, agreements on resale prices and other limitation of sales to specified customers or classes of customers, are also prohibited and/or restricted in many countries by the relevant anti-trust rules.

 

The Principles of Compliance

 

General Rule

ERTRAC shall comply fully with all applicable laws and in particular shall ensure that its activities do not lead to any violations of relevant antitrust laws.

In support of this Policy, the ERTRAC Executive Group shall be diligent to ensure that all new programmes and activities of ERTRAC or changes in existing programmes and activities do not generate any antitrust violations.

 

Exchange of Information

The activities of ERTRAC may involve the collection and analysis of information from its members where there are legitimate objective reasons for such work, e.g. impact assessment of projects and analysis of industry trends only for precompetitive research activities.

The collection and analysis of such information will be undertaken by ERTRAC and its results should be used in full compliance with the Antitrust Rules.

Any dissemination of information shall be undertaken in a manner that prevents the disclosure of market sensitive information between competitors which could give rise to an agreement or concerted practice between competitors which infringes anti-trust laws.

 

Market Studies

In order to ensure compliance with applicable antitrust laws, in conducting market studies, benchmarking and similar activities, ERTRAC shall not allow the attribution of specific information to a specific member company customer or transaction. This work is outsourced to specific consultants who are required to abide by the applicable compliance rules.

• Sensitive information will be published in aggregated form;
• Information shall always be collected from at least 5 different member companies and competitors;
• Information shall be anonymised so that individual companies or customers shall not be capable of

 

Benchmarking

Where ERTRAC undertakes or assists in benchmarking exercises and competitors are taking part in such benchmarking, ERTRAC will adopt the principle that market sensitive data shall only be benchmarked, if such data is

• derived from at least 5 companies,
• aggregated and anonymised;
• historic in nature (i.e. more than 12 months old)

ERTRAC shall not undertake or facilitate direct benchmarking between competitors nor frequent benchmarking if it involves market sensitive data and if identification of the individual member companies in question is facilitated.

 

Communication

This Policy shall be circulated to all ERTRAC staff and made available to all ERTRAC members via the website and/or other appropriate media.

All ERTRAC staff and ERTRAC members should declare that they have read and accept this Code of Conduct and shall comply fully with all its principles.

At each meeting of ERTRAC, the signature list shall include a reminder of this Code of Conduct and requires that all participants commit to comply fully with all its principles. See annex.

 

Common Responsibility

ERTRAC shall take all appropriate measures to ensure its activities and programmes are in compliance with this Code of Conduct.

The relevant appointed ERTRAC staff member shall ensure that Working Groups and Committees are established in accordance with this Code and will endeavour to ensure that they conduct their business and meetings in accordance with this Code.

ERTRAC staff member shall be entitled to stop any activity including any meeting that is not fully compliant with this Code and shall report immediately any suspected compliance issues to the ERTRAC Executive Group.

Notwithstanding the foregoing it is the responsibility of each ERTRAC member to ensure its representatives when involved in the activities of ERTRAC:

• shall not undertake any activity which is an infringement of applicable competition law or anti-trust rules, including entering into any prohibited agreements or exchanges of market sensitive information with competitors;
• shall fully comply with the EU Competition Law and Anti-trust Policy and avoid any activity which is non-compliant;
• shall be vigilant and protest any conduct or behaviour which is an actual or potential infringement of the EU Competition Law and Anti-trust Policy

Compliance with this Code of Conduct is a condition of membership and participation to ERTRAC activities.

The Director of the ERTRAC Office, Mr. Xavier Aertsens, will be appointed for the implementation as well as a service for the partners related to these activities.

 Annex: reminder of Code of Conduct to be included in all ERTRAC meeting signature lists        

Reminder to all meeting participants about the Code of Conduct of ERTRAC regarding Compliance: By participating in this ERTRAC meeting and signing this participation list, the participants commit to comply fully with this Code of Conduct and all its principles. The Code of Conduct is available on the ERTRAC website www.ertrac.org and an overview of its principles is provided below.

Reminder of Antitrust Rules: Article 101 of the Treaty of the European Union prohibits “agreements between undertakings, decisions by associations of undertakings and concerted practices …, which have as their object or effect the prevention, restriction or distension of competition”. The antitrust laws in most countries which may have jurisdiction over ERTRAC and its members differ only in detail and in each case prohibit as anticompetitive, in particular, agreements and concerted practices between two or more competitors that cover prices or price elements, allocation of customers, allocation of geographic markets, quantities in production and supply or capacities. In addition, agreements between suppliers and customers, such as exclusive supply or purchase commitments, territorial limitations, agreements on resale prices and other limitation of sales to specified customers or classes of customers, are also prohibited and/or restricted in many countries by the relevant anti-trust rules.

Therefore, all participants in ERTRAC meetings:

• shall not undertake any activity which is an infringement of applicable competition law or anti-trust rules, including entering into any prohibited agreements or exchanges of market sensitive information with competitors;
• shall fully comply with the EU Competition Law and Anti-trust Policy and avoid any activity which is non-compliant;
• shall be vigilant and protest any conduct or behaviour which is an actual or potential infringement of the EU Competition Law and Anti-trust Policy

 

In practice, do not, in fact or appearance, discuss or exchange information not in conformity with EU Competition law, including for example on:

Price, including:

x    Prices, price changes, price differentials, discounts, allowances, credit terms, etc.;

x    Individual company elements that make up pricing on costs, production, inventories, sales, etc.;

x    Rates or rate policies for individual shipments, including basing point systems, zone prices, freight, etc.;

x    Other commercially sensitive terms and conditions. Production, including:

x    Plans of individual member companies, concerning the design, production, distribution or marketing of particular products, including proposed territories or customers;

x    Changes in details of production capacity or inventories, etc.. Market procedures, including:

x    Company bids on contracts for particular products, company procedures for responding to bid invitations;

x    Matters relating to actual or potential individual suppliers or customers that might have the effect of excluding them from any market or influencing the business conduct of firms toward them, etc.;

x    Blacklist or boycott customers or suppliers.