Ethics & Diversity – Code of Conduct – Competitors
Focus on Integrity for our Competitors
We practice fair, open and honest competition.
Gathering Competitive Information
In order to keep current with developments in our industry, we have a responsibility and a right to obtain information about other companies, including those with whom we compete.
We should obtain this information through public, ethical, and legal means such as public conferences and documents, magazines, trade journals, and other published and written information. We never seek information through improper means such as inducing a competitor to disclose confidential information, burglary, spying, or wire-tapping. We do not misrepresent ourselves, either directly or indirectly through a representative or agent, to obtain such information.
Pricing and other market information may be obtained from commercial customers in the course of normal contract discussions or negotiations. However, we do not use our customers as a funnel for price information about our competitors. We always respect the proprietary information and trade secrets of others, including former employers. If we are aware of a confidentiality agreement, we never solicit or accept information which would violate that agreement. We never disclose any client or vendor proprietary information unless the individual or organization owning the information properly authorizes release or disclosure. Newly hired employees should not divulge proprietary information about their former employers.
Antitrust
Federal, provincial, and state antitrust laws prohibit agreements and activities that unreasonably limit competition. The basic concept behind these laws is that a business should independently pursue its activities in a competitive and free marketplace, not one that has been limited by restrictive agreements among competitors. These laws have been designed to promote honest, fair, and vigorous competition in open markets.
Waste Management prohibits any discussions or agreements with our competitors concerning:
Price Fixing
We never enter into any general understanding or agreement with a competitor concerning prices that will be charged to customers. This includes price levels, pricing methods or policies, timing of price changes, bid information, intent to bid or not bid on a contract, profits or profit margins, terms or conditions of sale, and/or supply of a product or service. Waste Management prices and bid amounts are to be arrived at independently without consultation of any kind with a competitor.
Territorial Allocation
We do not agree with our competitors to divide or allocate markets or territories. We do not discuss market information with our competitors.
Customer Allocation
We do not agree with our competitors to divide or allocate customers. We never discuss the selection, retention, or solicitation of customers with our competitors.
Appearances
It is a violation of our policies to discuss the antitrust topics listed above with a competitor even though the discussion may fall short of an agreement.
Monopolization
We prohibit any abusive or unfair acts intended to acquire or maintain a monopoly or injure competitors.
Vendor or Customer Boycotts
We do not agree with or have any discussion with our competitors regarding which vendors or customers with whom we will or will not conduct business. Decisions not to do business with a vendor or customer must be arrived at independently of any decision or action by our competitors.
Trade Associations and Industry Associates
Waste Management employees should be aware of situations such as trade association meetings or industry conferences where competitors’ discussions may occur. Great care should be taken to avoid participation in discussions on these topics and to conduct yourself in an appropriate manner. If such a discussion occurs, employees are instructed to immediately leave the situation and contact a member of the Waste Management Legal Department.
It is not uncommon for employees of Waste Management to have friends, acquaintances, or relatives working for competitors. Often close personal friendships develop on the job. Our friends may move to a competitor. It is acceptable to maintain these friendships but with a strong word of caution. Great care and common sense must be exercised. Never discuss pricing, market share, operational details or plans, or company proprietary matters with competitors or anyone outside of Waste Management. If employees work in sales or marketing and a bid or contract negotiation is pending, they are to avoid all contact with friends who work for competitors. This will avoid any appearance of misconduct by either party.
When we focus on integrity for our competitors, we:
- Obtain information about them fairly, honestly and legally
- Treat them with respect
- Promote open and honest competition
