Antitrust Laws
The Federal Government, as well as many state and other governments, have antitrust or competition laws which limit or prohibit certain business practices that impede competition through improper agreements or other arrangements that affect price, restrict volumes produced, or reduce the variety of products or services available to customers. In order to adhere to our principle of only competing fairly and always complying with applicable laws, we commit to the following:
• Gateway will not engage in price fixing. This means we will not enter into agreements or arrangements with competitors to lower, raise or stabilize the prices of our products or services.
• Gateway will not dictate the price at which independent distributors or resellers may resell Gateway products or services.
• Gateway will not enter into illegal tying agreements or exclusive dealing arrangements. In other words, we will not coerce our customers to take other Gateway products or services as a condition of delivery of the purchased product or service. Likewise, we will not sell a product or service based on the promise of the purchaser not to use or purchase the products or services of our competitors.
• Gateway will not rig bids, make agreements or reach understandings with competitors not to bid on public or private contracts.
• Gateway will not enter into agreements or understandings with competitors to "divide up" markets, territories, customers, products or services, or to limit production of any product or service.
As you think about these rules and principles, be mindful that an unlawful "'agreement" or "understanding" doesn't have to be in writing; it can be oral or even inferred from the conduct of the parties. So be careful and use common sense. Remember that your responsibility to avoid even the appearance of impropriety applies in business settings, as well as in communications with competitors in social settings, such as golf matches, civic events, parties, etc.
There really are no off-the-record discussions with competitors.
Trade shows may also present a trap for the unprepared. Be alert to potential situations in which it may not be appropriate for you to participate in conversations with our competitors regarding prohibited subjects. For example, don't participate in any discussion with competitors about pricing, price trends, profit margins, bids, terms or conditions of sale, marketing strategies, or similar topics. If you find yourself in such a situation, object immediately and discontinue the discussion of such topics. If the discussion continues, excuse yourself, inform your manager, and report the matter immediately to the Ethics Help Line or the Gateway Law Department.
Because this area of the law is so complex and the penalties—civil and criminal, corporate and personal—so severe, contact the Ethics Help Line or the Gateway Law Department whenever you have questions about the antitrust or competition laws of the countries where we do business.
Gathering Competitive Information
It is not unusual—it's good business—to gather information about other organizations, including competitors, provided it's done legally and ethically through public documents, public presentations, journals, the internet, magazine and newspaper articles, or other publicly available sources.
Competitive information, however, should never be obtained, directly or indirectly, by improper means such as taking confidential information, bribing or otherwise contacting a competitor's employees, or misrepresenting your status as a Gateway employee. It is also not acceptable to obtain confidential information when doing so would require someone else to violate a contractual confidentiality agreement.
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