COMPLIANCE GUIDELINES

Basic Guidelines As a Trade Association, EASSC represents and promotes common interests of members in front of government and administrative bodies, political and social groups, other Associations of steel production, steel distribution and steel consuming industries and the public. Following its statutes, EASSC engages in market research, monitoring industry issues and assembling of statistical data. Though coordinated with or among members, these activities are pursued within the limits of antitrust laws; they do not relate to members’ market activities but enable them to speak with one voice. EASSC therefore provides a valuable legitimate service for its members. EASSC is committed to comply with European Union and national antitrust laws. EASSC activities must on no account lead towards a restriction of competition between members, nor must meetings of members organised or supported by EASSC be used by members to discuss or coordinate future market behaviour resulting in a restriction of competition. More generally, the platform offered by EASSC to its members must not be misused for activities prohibited by antitrust rules. EASSC is not allowed to provide any detailed information concerning the operational or commercial activities of its member companies. This is a direct consequence of its antitrust guidelines and its policy concerning the confidentiality of its member company data. The objectives of EASSC are the co-operation amongst the member companies in all matters that contribute to the development of the European steel service center industry, and the representation of the common interests of its members vis-à-vis third parties, notably the European institutions and other international organisations. Within this framework there is no role whatsoever for EASSC in any commercial transaction. Application of antitrust rules The main competition rule to be observed in the conduct of EASSC activities is Art. 81 ECT which prohibits agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect an appreciable restriction of competition. Art. 81 ECT applies directly in the EU member states. A similar rule is applicable in the European Economic Area. In the member states, national competition legislation has been enacted which is similar to EU antitrust law. Antitrust offences are subject to severe sanctions. Infringements against Art. 81 ECT can be committed not only by agreements or decisions but also by concerted practices. A concerted practice is a form of coordination not formalised through the conclusion of an agreement but which substitutes practical cooperation for the risks of competition. EASSC activities may lead to situations where antitrust issues could arise, examples of which are Decisions adopted by EASSC statuary bodies or in members’ meetings which may relate to members’ future competitive conduct and thereby produce or be aimed at illegal restrictions. EASSC recommendations which may have the effect of influencing the competitive conduct of members. EASSC distribution of sensitive price information to members or to the public. Exchange of views and experience among members organised or supported by EASSC which may result in coordinated or uniform market conduct. Any coordination, cooperation or assistance by EASSC management with regard to antitrust infringements committed by member undertakings One of the most important EASSC activities is the management of Market Information Systems including the collection and distribution of statistical data from and to members and the support of meetings of members. Such Market Information Systems do not appear to restrict competition respecting the following criteria: EASSC is free to collect any kind of data which the members are ready to provide – mainly the collection, after the end of each month, of its members’ data on monthly stocks and deliveries broken down by individual products, qualities, dimensions, and markets and the subsequent circulation by EASSC of the aggregated monthly figures. Disclosure of data is subject to strict compliance with Art. 81 ECT. Exchange of information among EASSC members will be seen as an antitrust offence when it relates to individual market data usually considered as confidential and where the exchange refers to current data. Current data may only be disclosed in aggregated form. With regard to deliveries, aggregation applies to markets of destination. Within the EU, data may be shown for individual national markets. Disclosure of aggregated data is, however, prohibited where the aggregated figures relate to less than three operators. Discussions and exchange of views with regard to the market situation, estimation of future trends and developments of the market based on objective criteria such as estimation of apparent and real consumption, analysis of stocks held by producers, stock holders, steel service centers and end users, development of imports from third countries and information concerning the current, general and not individualised market price level. Responsibilities of EASSC representatives and meeting attendants EASSC representatives as well as meeting attendants from members and associations are under a duty to pay attention to strict adherence to the antitrust rules by everyone concerned in the framework of EASSC activities. Regarding meetings, the attending EASSC representative is required to recognise situations where antitrust issues may arise and to immediately react to potential offences through appropriate indications and references, and by bringing the potentially illegal behaviour to an end. Where this cannot be achieved, the EASSC representative is required to leave and end the meeting. This must be recorded in the minutes of the meeting concerned.