Gathering competitive intelligence enables us to better understand and anticipate the competitive environment in which Albemarle operates. However, the gathering of such information must be undertaken with care to ensure compliance with contract confidentiality obligations and applicable anti-corruption, competition, trade compliance and state secrets laws.
- We obtain competitive intelligence in an appropriate and lawful manner.
- We ask questions and seek guidance if we are unsure if we should ask for, keep, or use competitive intelligence.
- We accurately document the source of our competitive intelligence.
- We never obtain competitive intelligence by promises, gifts, bribes, deception, misrepresentations, “half-truths” or theft.
- We do not gather or accept competitive intelligence from a competitor.
- We do not ask a third party to disclose information, or accept such information, if we have reason to believe they are not authorized or contractually permitted to provide it.
- We do not offer gifts, hospitality or anything else of value in exchange for the inappropriate disclosure of competitive intelligence.
- We do not ask or permit a third party acting on our behalf to gather competitive intelligence in an inappropriate manner.
Our Code Principles in Action
- The following types of information may be gathered without limitation:
- information that is public knowledge, such as information published in trade journals, news articles, on the Internet, in public legal documents; and
- information obtained by fair means such as experimentation, reverse engineering, or disclosure by someone who has a legal right to disclose the information.
- Contact the Legal Department or Global Ethics & Compliance:
- before participating in industry surveys, statistical reporting programs or benchmark surveys;
- before asking for or receiving competitive intelligence from a current or former employee of a competitor;
- before having any discussions with a competitor (including with regard to swaps, supply arrangements, or potential transactions);
- before hiring or retaining a third party to gather competitive intelligence on the Company’s behalf;
- if a customer offers to provide you the pricing, bid information, or contract terms
- if a Third Party Sales Representative offers to provide you the confidential pricing, bid information, or contract terms which have been offered to a prospective customer by other competitors
- if a Third Party Sales Representative offers to provide you with proprietary information, product samples or trade secrets owned by competitors
- before using or forwarding information that was overheard or received from a third party by mistake or without approval;
- if you are unsure if you should ask for, keep, use or forward third party information.
- if you become aware of, or otherwise suspect, the inappropriate gathering of competitive intelligence or other industry data – if something doesn’t feel right, report it.
- before collecting (directly or indirectly) information in China or Russia that is not public, to make sure we comply with local state secrets laws; or
- if you receive information in China or Russia that is not public without the approval of the owner or relevant state authority.
- Record the source and date of receipt on the information received.
- Check how and why a customer or third party is providing Albemarle with competitive intelligence: if it not clear or does not make sense, ask questions – even if you receive the information from your supervisor or another Albemarle employee.