Agricultural Industry Electronics Foundation “AEF e.V.”
Rev. 3
Antitrust Policy
Antitrust Statement
In order to fulfil the legitimate purposes of AEF, cooperation between AEF and its members and between AEF members is indispensable, such cooperation including certain activities and the exchange of certain information concerning common and contemporary issues for the agricultural industry.
Any such activities and exchange must strictly comply with EU competition law and antitrust regulations, and national competition laws, which are designated to preserve and promote free competition among and within the (member) states and to prevent certain agreements, decisions, and practices, in particular, between competitors, irrespective of such conduct having or being meant to have a direct or indirect anti-competitive effect.
AEF unequivocally supports the competition policy of the European Union, its member and other states and reaffirms its uncompromising intent and commitment to strictly comply with all applicable laws and regulations.
AEF requires all AEF members to observe this Antitrust Policy, in particular, in any formal, informal or social discussions at an AEF meeting site, whether face to face or electronic, in connection with certain AEF activities or otherwise related to AEF.
§ 1 Responsibility of AEF members
Each AEF member including all of its representatives are responsible to secure that EU and national competition laws are strictly complied with. AEF members shall, in particular, strictly avoid any agreements, decisions, and practices (including e.g. discussion of topics and any exchange of information) or other conduct that violate EU and national competition laws within the context of AEF related activities, namely during and in connection with meetings, whether face to face or electronic. This reminder has been prepared, in particular, to assure that participants in such meetings are aware of their obligations under statutory law.
§ 2 Membership
(1) Any company meeting the requirements of AEF membership set forth in the “Articles of Association” or “Rules of Procedure” shall be admitted as AEF member without discrimination.
(2) Member participation in any and all AEF activities is completely voluntary.
(3) Non-Members rights are listed in § 14 “Rules of Procedure”.
§ 3 Signing up for Meetings – Face to Face and Electronic (Phone, Virtual)
When signing up for any AEF meeting, participants, including non-members with approval or consent, (hereinafter, collectively, “Participants”) are asked to consent for the respective meeting to the Antitrust Policy, Assignment of Exploitation Rights, Industrial Property Rights, etc. as stated in the “AEF Rules of Procedure”. It is not possible to sign up for and participate in an AEF meeting without consenting to these rules and regulations.
By signing up, each Participant undertakes to require third-party-individuals (guests) who are permitted to attend an AEF meeting in their place or together with them, to comply with the Antitrust Policy, Assignment of Exploitation Rights, Industrial Property Rights, etc. as stated in the “AEF Rules of Procedure”. In the event of refusal by such third-party-individual to acknowledge these rules and regulations, the Participant concerned shall be responsible for ensuring that such third party individual does not attend AEF meetings on their behalf or together with the Participant.
(1) Meetings – Face to Face
At the beginning of a face to face meeting, the Chair/Leader of the meeting shall read out the following text to the Participants:
“All participants are reminded that AEF Meetings must adhere to the AEF Antitrust policy. If participants are not familiar with this policy, the full AEF Antitrust Statement is attached to the meeting participants list and also available in the AEF SharePoint for review. By signing the meeting participants list participants confirm that they have taken notice of and consent to the AEF Antitrust Policy and also to the Assignment of Exploitation Rights, Industrial Property Rights, etc. as stated in the “AEF Rules of Procedure”. Anyone objecting may state their concern for notation in the minutes prior to leaving the meeting. If any participant believes the meeting is drifting toward an impermissible discussion, they are required to state their concern.”
In addition, the Chair/Leader of the meeting shall require each Participant to sign the meeting participants list. By signing the meeting participants list each Participant confirms to have taken notice of and consents to the AEF Antitrust Policy, as well as the Assignment of Exploitation Rights, Industrial Property Rights, etc. as stated in the “AEF Rules of Procedure”.
(2) Meetings – Electronic (Phone, Virtual)
In case of electronic meetings (phone and virtual), it is not possible for the Chair/Leader of the meeting to verify who joins the meeting and when. Participants therefore have a special responsibility to comply with the AEF Antitrust Policy. The binding compliance with the AEF Antitrust Policy is therefore pointed out in the confirmation of registration. In addition, the Chair/Leader of the meeting shall read out the following text at the beginning of the meeting:
“All participants are reminded that AEF meetings will adhere to the AEF Antitrust Policy. If participants are not familiar with this policy, the full AEF Antitrust Policy is available in the AEF SharePoint for review. A participant’s continued connection to this meeting confirms the participant’s consent to the AEF Antitrust Policy and also to the Assignment of Exploitation Rights, Industrial Property Rights, etc. as stated in the “AEF Rules of Procedure”. Anyone objecting may state their concern for notation in the minutes prior to leaving the meeting. If any participant believes the group is drifting toward an impermissible discussion, they are required to state their concern.”
By continued connection to an electronic meeting each Participant confirms to have taken notice of and consents to the AEF Antitrust Policy, as well as the Assignment of Exploitation Rights, Industrial Property Rights, etc. as stated in the “AEF Rules of Procedure”.
(3) Important Note – Face to Face and Electronic (Phone, Virtual)
In case a Participant refuses to adhere to the Antitrust Policy, Assignment of Exploitation Rights, Industrial Property Rights, etc. as stated in the “AEF Rules of Procedure”, the respective Participant must leave the meeting. Those objecting may state their concern prior to leaving the meeting.
If any Participant, including the Chair/Leader of the meeting, believes the meeting is drifting toward an impermissible discussion, they are required to state their concern. In such case the Chair/Leader of the meeting shall take appropriate measures to immediately discontinue the discussion of any topics, in regard of which concerns have been expressed. Furthermore, the Chair/Leader of the meeting shall record in the minutes the concerns expressed, by whom concerns have been expressed and Participants having left the meeting, if any. As a follow-up to the meeting in question, based on the minutes AEF will conduct a review of the concerns raised and take such action as appears necessary as a result of the review.
§ 4 Signing up for Meetings – Face to Face and Electronic (Phone, Virtual)
Any AEF related activities, namely during and in connection with meetings, whether face to face or electronic, shall strictly comply with the following guidelines:
(1) AEF activities or communications shall include discussions or action on matters of interest to the industry.
(2) No AEF activity or communication shall include any discussion or action, for any purpose or in any fashion, relating to prices or pricing methods, price strategies, margins, earnings, rebates, offers, production quotas, customers or sales areas, strategic directions, investments, or other information on production or sales.
(3) No AEF activity or communication shall include information about plant utilization, stock levels, and stock outreach.
(4) No AEF activity or communication shall include other competitively sensitive information.
(5) No AEF activity or communication shall include discussion or action which might be construed as an attempt to prevent any person or entity from gaining access to any customer, goods or services, to boycott any person or entity, or to prevent any person or entity from purchasing goods or services freely in the market.
(6) No AEF activity or communication shall include discussion or action which might be construed as an agreement or understanding to refrain from purchasing materials, equipment, services or other supplies from any supplier.
(7) No AEF activity or communication shall include any other discussion or action which would tend to restrict competition in any manner.
(8) AEF and its members are required to express their concern and leave any AEF related activity where any discussions are taking place having as their subject any of the items listed in sections 2-7 above.
AEF Chair Group’s resolution dated August 26, 2021