Guidance on
Antitrust Law

On the handling of antitrust law principles in working groups and at events of Deutsches Aktieninstitut

Deutsches Aktieninstitut diligently pursues its statutory objectives and also actively ensures compliance with European and German antitrust law.

Of particular importance are working group meetings, conferences and other events where representatives of competing companies come together. To mitigate the risk of antitrust violations, all participants at our events follow specific guidelines.
 

Contact
Klaus-Dieter Sohn
Head of Legal Department
+49 69 92915-61
sohn(at)dai.de

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What is permissible

Our working group meetings and events facilitate professional dialogue among participants. We ensure full compliance during these meetings and events with antitrust law.

  • We exchange information on ongoing legislative proposals and regulatory developments
  • We discuss industry standards, voluntary self-regulation, and best practices that do not directly impact competition 
  • We coordinate positions and joint lobbying efforts on political or legislative matters that concern the common interests of our members
  • We exchange information on general economic developments, as long as these are considered public information
  • We discuss company data, as long as it is freely accessible and publicly available
  • We inform members about our association’s activities

If we or third parties on our behalf collect data from member companies to gain insights into specific matters, we only provide the results in a general and aggregated format.

What is not permissible

Agreements between competitors and the exchange of competition-relevant company information are prohibited. In practice, this means:

  • We do not allow pricing agreements, including the setting of minimum or fixed prices
  • Our members do not divide markets or customers in order to prevent or restrict competition  
  • We do not exchange information about market shares, even if the information is based solely on assumptions 
  • Agreements to limit production or supply in order to keep prices artificially high
  • Our members refrain from sharing individual perspectives on market conditions, including market environments and trends 
  • We do not make agreements to limit production or supply to artificially maintain high prices 
  • We do not exchange sales and revenue figures, quotas, or capacities 
  • No participant shares informaiton about future competitive behavior, strategies, new products, R&D programs, investment plans, etc. of their company 
  • There is no exchange about the participation in and conditions of tenders 
  • We do not discuss the timing and extent of price increases or decreases 
  • We do not exchange information on personnel matters, including employee compensation and compensation structures, or other factors that could influence competition for employees

This list is not exhaustive. Further information is available on the website of the Federal Cartel Office.