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Competition Compliance Policy

Purpose

The Construction Equipment Association (CEA) is committed to full compliance with UK competition law, including:

  • The Competition Act 1998
  • The Enterprise Act 2002
  • Relevant CMA guidance
  • Applicable EU competition law where cross-border activity is involved.

This policy sets out the standards of behaviour expected of the CEA, its staff, and its members when participating in CEA activities.

Scope

This policy applies to:

  • All members of the CEA.
  • All employees, contractors and officers of the CEA.
  • All committees, working groups, meetings, and communications facilitated by the CEA.

It governs conduct during all CEA-related activities, whether in person, online, or informal.

Principles of competition compliance

Prohibited conduct

Members must not use the CEA to engage in any activity that could distort competition, including:

Price-related discussion

  • Sharing current or future pricing information
  • Agreeing minimum prices, discounts, credit terms, or surcharges
  • Co-ordinating pricing strategies

Market sharing

  • Dividing customers, territories, contracts, or types of business
  • Agreeing to exclude or limit competition in any segment

Collusive behaviour

  • Bid-rigging or coordinating tenders
  • Agreeing to limit production, capacity, or innovation
  • Exchanging commercially sensitive information (CSI) that could reduce strategic uncertainty

Membership rules that restrict competition

  • Unjustified exclusion of competitors
  • Using technical standards or certification processes to foreclose markets

Facilitating anti-competitive exchanges

The CEA must not become a channel for passing CSI between competitors. Examples of commercially sensitive information include:

  • Current or future prices, costs, margins, volumes
  • Customer lists or contract details
  • Production plans or capacity changes
  • Future business strategy or investments.
Permitted activities (with safeguards)

The CEA may legitimately promote industry cooperation provided robust safeguards are in place. Examples include:

Statistics and market data

The CEA may collect and publish aggregated data if:

  • Data is at least three months old (unless clearly non-strategic)
  • It is anonymised, aggregated, and cannot be traced to individual companies
  • No forward-looking or company-specific data is shared.

Technical standards and best practice codes

These are permitted where:

  • Participation is voluntary
  • Standards are objective, transparent, and non-discriminatory
  • They do not lead to exclusion of competitors.

Lobbying and representation

Collective representation to government is permitted if:

  • Positions do not require members to coordinate market conduct
  • No CSI is discussed during the development of policy positions.

Training, safety, sustainability, or regulatory discussions

Allowed provided discussions do not stray into prohibited topics.

Conduct at meetings and events

Agenda and meetings

  • All meetings must have pre-circulated agendas
  • Competition-sensitive items must be avoided or documented as prohibited if raised.

If a prohibited topic is raised

Any participant must:

  • Immediately object
  • Request the topic be stopped
  • Ensure the objection is recorded
  • Leave the meeting if the discussion continues

The CEA SLT must be notified without delay.

Information management

The CEA will:

  • Ensure any data collection complies with CMA guidance
  • Avoid handling confidential member information not necessary for legitimate CEA functions
  • Securely store records and restrict access to authorised personnel
  • Members must not attempt to obtain competitor CSI through the CEA.
Communications

All CEA communications—including newsletters, working group emails, publications, and online forums—must avoid:

  • Sharing CSI
  • Making statements that could be interpreted as encouraging co-ordinated market behaviour
  • Staff moderating forums must intervene if prohibited content is posted.
Membership rules
  • Criteria for membership must be objective, transparent, and non-discriminatory.
  • Access to CEA services must not be used to favour certain members or restrict competition.
  • Decisions to refuse, suspend, or expel members must be legally justifiable.
Training & awareness

The CEA will provide:

  • Regular competition law training for staff and officers
  • Guidance to members on compliance obligations
  • Annual written reminders of acceptable conduct.
Reporting & enforcement

Reporting concerns

Members and staff must report suspected breaches to the CEA SLT or CEA Board immediately.

Investigations

The CEA may investigate alleged breaches and take appropriate action, including:

  • Written warnings
  • Suspension or termination of membership
  • Reporting serious breaches to the CMA.

Non-retaliation

No-one will be penalised for good-faith reporting of concerns.

Member declaration

All members must confirm annually that:

  • They understand this policy
  • They will comply with all applicable competition laws
  • Their representatives attending meetings are aware of their obligations.