It is the policy of MOBIAK SA to fully comply with all laws on competition of each country and location where it conducts its business. The purpose of the laws on competition is to protect the competition procedure to the benefit of consumers. Competition laws ensure that companies compete to win business offering lower prices, innovative products and better services and that they do not interfere with the supply and demand of the market. The laws on competition also protect companies from “predatory” or unfair practices from dominant companies, so that the field of competition is open and fair for everyone.
MOBIAK SA supports the goals of the laws on competition. We believe that the Company performs better in a competitive market environment. Almost every country has established competition laws. It is your responsibility to monitor and understand the laws in the countries under your supervision and to seek guidance from the Managing Director for any question you may have after presenting all possibilities for handling the case that is of concern.
You must adhere to the letter and the spirit of the applicable laws. Competition laws around the world prohibit agreements between current or potential competitors which harm competition. The key to compliance is independence. MOBIAK SA must act independently in its business operations – in establishing prices, discounts, promotions and purchase and sale terms, in selecting customers, distributors and suppliers and in selecting products to promote and how these products are sold. It is important to remember that any illegal agreement does not have to be officially in writing, or even simply in writing. It can be an oral agreement or implied by various aspects of business conduct or comments in documents. Further, an agreement does not have to be successfully applied in order to be illegal.
The laws on competition also impose specific boundaries in the relationships between customers and distributors. In most countries, any attempt to deprive freedom of setting prices and the sales terms and conditions by customers or distributors, or establishing unjustified limitations in their right to act independently, is a violation of competition laws.
The consequences for non compliance to the competition laws are very serious for MOBIAK SA and its people. The violation of certain laws on competition can lead to monetary fines, even imprisonment for individuals involved and even greater fines for the Company. Further, even without criminal prosecution, civil actions may be raised for compensation and legal expenses.
If you have any doubts on whether an attempted action could raise issues for violation of competition laws you must consult the Managing Director of the Company.