Antitrust and unfair competition laws are generally designed to promote fair competition and to ensure that businesses compete on the basis of quality, price and service. In the European Union (EU), an additional goal is to ensure the free flow of goods and services among the EU member states. Amgen will not tolerate any business transaction or activity that violates the antitrust and competition laws of any country in which the company conducts business.
Generally, U.S. and EU laws prohibit agreements or actions that might unreasonably restrain competition or bring about a monopoly (in the U.S.) or abuse a strong market position (in the EU).
Individual European countries, Japan, Canada, Australia, and a number of other countries have similar laws. These laws may be known as antitrust, competition, monopoly, fair trade or cartel laws.
Please refer to Amgen’s current Antitrust and Unfair Competition Policy (below) for additional details regarding the policy and the obligations of individuals subject to the policy.
Listed below are illustrations of practices that in the past have been found to violate antitrust statutes. This is not an exhaustive list. Because of the complexity and changing interpretations of most antitrust statutes, as well as the complexity resulting from the interface of antitrust and patent laws, Amgen staff members at all Amgen sites should immediately seek the advice of the Law Department if they are about to engage in or are confronted with a situation that they believe may violate the antitrust laws.
Antitrust – Dealing with Competitors
Competitors are not permitted to agree (orally or in writing) among themselves to fix or control prices. As a result, you must never engage in communications with a competitor about any price-related information, including price, pricing policies, bids, costs, discounts, promotions, terms of sale, credit terms, freight charges or royalties. In addition, you must not agree with a competitor on any other action that might restrict competition, including dividing up sales territories, allocating customers, agreeing on production or sales quotas, or agreeing not to sell or not to buy from particular individuals or firms. You must also refrain from engaging in discussions or agreements (oral or written) that might give the impression that you are agreeing with a competitor on any of the above.
If you are asked by a competitor to enter into an illegal or questionable agreement or to share information about Amgen practices, you should take the following actions:
This policy applies to every Amgen staff member, at all Amgen sites.
Antitrust – Dealing with Customers
The following types of agreements may be illegal, depending on the surrounding circumstances: an agreement in which the Company limits the individuals or firms from whom it will purchase goods or services, or attempts to limit its customers’ rights to purchase goods and services from others;an agreement tying the purchase of one product to an agreement to purchase another product; an agreement with distributors and wholesalers about the prices the reseller will charge its customers, or the territories in which or the customers to which the reseller may resell the products. It may also be illegal to discriminate with respect to price, discounts or allowances among competing customers or to denigrate other products.
As a general practice, Amgen staff should not engage in conduct that disparages competitors or competitor’s products with customers. Statements concerning competitors or their products that cannot be substantiated may violate unfair competition statutes or unfair trade practice acts. Never urge a customer to violate a contract with a competitor. Because of the complexity of the antitrust laws, whenever staff members are engaged in pricing negotiations or bid situations, they should consult existing pricing policy guidelines and, when in doubt, contact the Law Department for additional guidance.
This policy applies to every Amgen staff member, at all Amgen sites.
