Antitrust law

Antitrust law

Evonik is committed to fair competition and complies with antitrust and competition law.

Fair competition provides an incentive for innovation and high-quality products for the benefit of consumers. Evonik fosters fair competition and complies with antitrust and competition law.

All employees are required to strictly observe antitrust law and the corresponding internal regulations and to ensure timely involvement of the Legal Department if there is any doubt.

Prohibition of cartels

Anti-competitive agreements with competitors are forbidden, irrespective of the market position of those involved. Moreover, it is forbidden to bring about any understanding with competitors on such matters. In many countries, merely giving, receiving or exchanging information on issues of relevance for competition is not permitted.

Meetings between competitors are only possible if there is a legitimate commercial reason that is not in itself anti-competitive.

Agreements with other companies–for example, suppliers, customers and distributors–may also be subject to antitrust restrictions, especially if Evonik or its business partner has a strong market position.

In general there is a ban on issuing instructions to distributors on the resale prices they may charge. Exceptions are only permitted in rare cases, and must be compliant with local law. The prior consent of the Legal Department must always be obtained.

Market dominance

In many countries, companies which have a strong market position are subject to specific antitrust restrictions, especially if they are deemed to have a dominant market position. In other words, abuse of market dominance is forbidden. The Legal Department must be consulted to assess whether there is any such abuse or whether a dominant market position exists.

Merger control

The acquisition and divestment of companies and business activities, and mergers are normally subject to the prior approval of the relevant anti-trust authorities. In order to make sure that all relevant aspects are considered, the Legal Department must be consulted at an early stage. Failure to notify the authorities or even delayed notification can result in substantial fines and the transaction may even be declared invalid.

"We strictly observe 
 antitrust regulations."