I need help with competition law

When you feel competition or antitrust laws are in the risk of being breached, please notify Stora Enso legal or your manager immediately.

1.2.4.1      Meeting with a competitor

Meeting with a competitor

Each Stora Enso employee must take great care when meeting with competitors in order to comply with the applicable competition rules.

It is especially important that the employees of Stora Enso do not make agreements or even communicate with competitors on any of the following matters:

  • Sales and purchase prices, including price changes or pricing policy
  • Discounts, rebates, allowances or other factors affecting sales or purchase prices
  • Commercial terms or conditions of sale or purchase
  • Production output, capacity, capacity utilisation rates or changes in output, capacity or capacity utilisation rates
  • Individualized sales/order figures or customer lists
  • Production, marketing, R&D or other costs
  • Investments, production, product development or marketing polices or plans
  • R&D plans or results
  • Stock levels
  • Allocation of customers
  • Sales territories
  • Market sharing
  • Sharing of sources of supply

Within Stora Enso there are certain rules on how to report a competitor contact. Please read from the Business Practice Policy chapter 3 on Competition law.

If you have questions about meetings with competitors, please contact Legal, Ethics and Compliance.

1.2.4.2      Commercial discussions with a competitor

Commercial discussions with a competitor

Stora Enso is committed to free and open competition in the marketplace. We are successful because of the high quality and competitiveness of our products and services and the talent and commitment of our employees.

Agreements and concerted practices (informal arrangements or understandings) between independent competitors which may affect trade and can restrict competition are prohibited. The most serious anti-competitive practices are agreements with competitors on price fixing, output levels, market-sharing and customer allocation.

It is very important that the employees of Stora Enso do not make agreements or even communicate with competitors on any of the following matters:

  • Sales and purchase prices, including price changes or pricing policy
  • Discounts, rebates, allowances or other factors affecting sales or purchase prices
  • Commercial terms or conditions of sale or purchase
  • Production output, capacity, capacity utilisation rates or changes in output, capacity or capacity utilisation rates
  • Individualized sales/order figures or customer lists
  • Production, marketing, R&D or other costs
  • Investments, production, product development or marketing polices or plans
  • R&D plans or results
  • Stock levels
  • Allocation of customers
  • Sales territories
  • Market sharing
  • Sharing of sources of supply

Even if the subject you intend to discuss with the competitor seems to be harmless, you should never enter into any kind of commercial discussions with a competitor without clearance from Legal, Ethics and Compliance and Division Management.

Please remember that infringement of competition laws not only violates our Business Practice Policy, it can also result in large financial penalties and possible criminal liability and imprisonment for individuals.

If you have questions about meetings with competitors, please contact Legal, Ethics and Compliance.

1.2.4.3      Agreements with a competitor

Agreements with a competitor

Stora Enso is committed to free and open competition in the marketplace. We are successful because of the high quality and competitiveness of our products and services and the talent and commitment of our employees.

Agreements and concerted practices (informal arrangements or understandings) between independent competitors which may affect trade and can restrict competition are prohibited. The most serious anti-competitive practices are agreements with competitors on price fixing, output levels, market-sharing and customer allocation.

It is very important that the employees of Stora Enso do not make agreements or even communicate with competitors on any of the following matters:

  • Sales and purchase prices, including price changes or pricing policy
  • Discounts, rebates, allowances or other factors affecting sales or purchase prices
  • Commercial terms or conditions of sale or purchase
  • Production output, capacity, capacity utilisation rates or changes in output, capacity or capacity utilisation rates
  • Individualized sales/order figures or customer lists
  • Production, marketing, R&D or other costs
  • Investments, production, product development or marketing polices or plans
  • R&D plans or results
  • Stock levels
  • Allocation of customers
  • Sales territories
  • Market sharing
  • Sharing of sources of supply

Even if the subject you intend to discuss with the competitor seems to be harmless, you should never enter into any kind of commercial discussions with a competitor without clearance from Legal, Ethics and Compliance and Division Management.

Please remember that infringement of competition laws not only violates our Business Practice Policy, it can also result in large financial penalties and possible criminal liability and imprisonment for individuals.

If you have questions about meetings with competitors, please contact Legal, Ethics and Compliance.

1.2.4.4      A mill visit to a competitor

A mill visit to a competitor

 Visits to mills and other production facilities (“Mill Visits”) can be conducted. However certain safeguards must always be in place to avoid risks of misinterpretation.

Mill Visits can have perfectly legitimate reasons which ultimately benefit customers. Mill Visits to Stora Enso’s own facilities or outside the sectors in which Stora Enso is active present no antitrust risks.

Stora Enso should however only visit competing mills or host visitors from competing mills when there are major potential benefits and where appropriate safeguards are in place.

Proposals for Mill Visits to or by competitors must be reviewed and cleared on a case by case basis by the Division Head or Business Unit Head, as applicable. Once approved by the Division Head or Business Unit Head, the proposals also need approval by Legal, Ethics and Compliance.

  • Visits to competing mills by invitation from suppliers for the purpose of demonstrating supplier equipment installed at the competing mill are only allowed if the Mill Visit is part of a concrete and documented investment process .
  • Stora Enso mills may only allow Competitors reasonable access to Stora Enso mills for the purpose of demonstrating supplier equipment installed at our mills if there is written confirmation from senior management that the competitors that the visit is made due to a decision on a substantial investment.
  • Mill visits to or by competing mills for the purpose of learning how to solve purely technical problems in respect of production similar for the participating mills are likely to be cleared.
  • Mill visits to or by competing mills in connection with legitimate industry or Trade Association meetings and activities are likely to be cleared, and
  • Mill visits to or by competing mills as a tool for benchmarking of general human resources and organizational practices, health and safety issues and general environmental issues are likely to be cleared.
  • Discussions between Stora Enso personnel and personnel of Competitors on Competitively Sensitive Information during a Mill Visit are prohibited.

You can fill in the application from here.

Please remember that infringements of competition law not only violate our Business Practice Policy, but can also result in large financial penalties and possible criminal liability and imprisonment for individuals.

If you have questions about Mill Visits, please contact Legal, Ethics and Compliance.

1.2.4.5      Conducting competitor benchmarking

Conducting competitor benchmarking

 Benchmarking can be done in many ways. However, the practice has significant risks when competitors are involved and use of independent third parties should be considered.

Benchmarking internally and outside the paper industry presents no antitrust risks and is encouraged.

  • All proposals for benchmarking with competitors must be reviewed and cleared by Legal, Ethics and Compliance. The following rules will apply: Using publicly available information such as financial reports, press releases, media information etc., presents no antitrust risks and is encouraged. However, benchmarking with competitors must be undertaken only when there are major potential benefits and where appropriate safeguards are in place.
  • Benchmarking with competitors will only be cleared if the benchmarking is on topics generally considered as acceptable from a competition law point of view, such as general HR, organizational practices, health and safety issues and o general environmental issues.
  • Further, direct benchmarking with competitors on purely technical matters (e.g. on purely technical machine or production process solutions) can be cleared if the benchmarking takes place occasionally and not as a regular event.
  • The information made available to participating companies should not specifically identify individual companies or facilities or enable such information to be deduced.
  • Further, the information provided by participating companies for benchmarking purposes must be historical, at least more than six months old.
  • Prospective or forward-looking data should never be used for benchmarking activities.
  • Discussions between Stora Enso personnel and personnel of competitors on market related issues (including e.g. pricing and other sales information as well as production cost, downtime and capacity utilisation) are strictly prohibited.

To file an application, do it here.

Reporting

Following each benchmarking event involving direct contact with the competitor, a written report summarizing the event shall be sent to Legal, Ethics and Compliance.

Please remember that infringement of competition laws not only violates our Business Practice Policy, it can also result in large financial penalties and possible criminal liability and imprisonment for individuals.

If you have questions about benchmarking, please contact Legal, Ethics and Compliance.

1.2.4.6      Meeting with a trade association

Meeting with a trade association

Trade Associations serve an important role in business and help to develop the industry which is in the interests of other stakeholders, too. However, activities within Trade Associations need to be carefully examined since Trade Associations by their very nature represent a forum for contacts between competitors.

With regard to Trade Associations activities, each Stora Enso employee should note the following:

  • Obtain and check the agenda before any meeting in order to ensure that competitively sensitive issues are not handled.
  • If discussions start on sensitive topics ask the chairman to terminate the discussion and make sure that Stora Enso’s request is noted in the minutes of the meeting. If necessary leave the meeting and request that Stora Enso’s departure is noted in the minutes of the meeting.
  • After the meeting check that the minutes accurately reflect the discussions at the formal meeting.
  • Ensure that you are not part of any informal discussion on sensitive topics outside the formal meeting.

1.2.4.7  Handling Investigations

If a competition authority visits the premises of Stora Enso to carry out an unannounced inspection (so called Dawn raid), under no circumstances should you provide any false or misleading information to the investigators, tamper with or destroy documents, break a seal affixed by investigators, try to hinder the investigation in any way or discuss the inspection with anyone outside of Stora Enso. Go to Dawn raid on the first page for further instructions.

Other enquiries from the competition authorities shall be referred to Legal immediately and any reply should be given via Legal.

Please remember that infringement of competition laws not only violates our Business Practice Policy, it can also result in large financial penalties and possible criminal liability and imprisonment for individuals.

If you have questions about meetings with the trade association, please contact Legal, Ethics and Compliance.

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