Participating in an Industry Association, Exhibition or Conference

CODE PRINCIPLES

Albemarle participates in associations, exhibitions and conferences to contribute to industry discussion with business partners, peers and other stakeholders on matters of mutual interest. To protect our reputation, and manage legal risk, we take steps to ensure that such industry collaboration is in accordance with our Core Values and supports our corporate strategy.

  • We only participate in industry associations that have been authorized and that maintain public positions that are consistent with Albemarle’s own policy.
  • We seek to ensure that industry associations have adopted appropriate ethics & compliance policies, procedures and controls.
  • We do not use associations, exhibitions or conferences to enter into any improper agreements with competitors or improperly restrict competition or share competitively sensitive information.
  • We avoid casual contact or communication with competitors at industry events that could give the impression of collusion or the inappropriate exchange of information between Albemarle and competitors.
  • We closely monitor any engagement that industry associations have with government officials and other stakeholders on our behalf.
  • We manage potential conflicts of interest arising from our participation in any industry association, exhibition or conference.

Our Code Principles in Action

  • Ensure planned participation in industry associations, exhibitions and conferences are included in the appropriate Annual Operating Plan.
  • Consult with the Legal Department before joining, or renewing membership of, a new industry association involving competitors.
  • Obtain approval from your GBU President or Head of Function before joining the board, or organizing committee, of an industry association.
  • Follow the Code (Contact with Competitors) and the Guidance Note on Participating in Industry Associations if you anticipate competitors attending the association meeting, exhibition or conference. Follow the antitrust protocols adopted by the industry association, if any.
  • In the event of unplanned contact with a competitor (outside a formal industry association meeting) prepare an accurate, and succinct, note of the contact and send to antitrust@albemarle.com
  • Follow the Code (Gathering Competitive Intelligence) if you anticipate receiving third-party information from or via an industry association.
  • If, during any industry association or unplanned meeting, a competitors inappropriately requests or offers competitively sensitive information or otherwise initiates anti-competitive contact:
    • firmly indicate it is against Albemarle policy to have such conversations;
    •  immediately end the conversation, and note your departure in any meeting minutes; and call the Legal Department.
  • Consult with Government Affairs if an industry association is planning to adopt a public position, which is inconsistent with Albemarle’s own position on the matter.
  • Ensure that an industry association is appropriately authorized before it engages in political lobbying.
  • Follow the Code (Speaking on Behalf of Albemarle) before presenting on behalf of Albemarle at an industry association, exhibition or conference.
  • Follow the Code (Offering or Accepting Gifts & Hospitality) if you:
    • intend to accept an offer by an industry association, exhibition or conference to expect to be providing anything of value, including gifts or hospitality, to others associated with the industry association, exhibition or conference.

DEFINED TERMS

Competitors

Albemarle competes with third parties in several different ways and each falls into its own category of competitor. The competitor categories include:

Producers and resellers of competing products

Albemarle competes with other producers of lithium, bromine and catalyst products. This includes companies like FMC, Tianqim SQM, Grace, BASF, Lanxess and ICL.

Albemarle also competes with companies engaged in the resale or trading of lithium, bromine and catalyst products, whether those products are produced by Albemarle or a third-party.

Procurement of goods, services and land

The list of Albemarle competitors in the procurement market is potentially much broader than speciality chemical producers.

For example, Albemarle might compete with contractors such as Wood for the procurement of vehicles suitable for our sites.

Broader still is the class of competitors for accounting and legal services, which nearly all companies procure to varying degrees.

Hirers of employees and contractors

Albemarle also competes with a broad range of companies in recruitment and remuneration of employees and contractors

Competitively Sensitive Information

The following types of information are considered to be examples of CSI:

  • marketing plans and proprietary perspectives on the market;
  • ost data less than 12 months old;
  • details of negotiations with individual customers or suppliers;
  • current or recent terms of sale or purchase (price, margins, commission and credit terms);
  • strategic information (site expansion and closure plans);
  • salaries and other terms of employee remuneration less than 12 months old;
  •  innovation plans and intellectual property; and
  • production, export, sales and purchase data less than 12 months old.

 

CSI does not include:

  • information that is publicly available, including through subscription services;
  • information that is more than 12 months old and would not be considered to give a competitive advantage if shared with, or by, a competitor;
  • health, safety or environmental data; or
  • information relating to the technical performance of equipment.
Anything of Value

is broadly defined to include any type of benefit to the recipient, such as:

  • money (all currencies including bitcoin, and method of delivery such as cash, check, wire, electronic, mobile transfer);
  • cash equivalents such as gift, store, discount, mobile phone or stored value cards
  • Gifts;
  • meals, entertainment and other hospitality;
  • travel, including flights and accommodation;
  • offers of employment or an internship;
  • a contract for the procurement or sale of goods or services;
  • a contract for the procurement, sale or lease of property;
  • a charitable donation or contribution to a community project;
  •  a commercial sponsorship;
  • confidential information;
  • investment opportunity; and
  • any other form of personal favor.
Government Official

Defined broadly, and can include:

  • an officer, employee or anyone acting on behalf of any government body including a department or agency at any level (national, regional, or local). Examples include a government minister, regulator, judge, city mayor, police officer, soldier, customs official or chemistry professor at a public university;
  • an employee of public international organizations such as the United Nations and World Bank;
  • an employee of state-owned or controlled enterprises, such as refineries;
  • a political party, party official or candidate for political office; and
  • a person holding an appointment, position or office created by custom or convention, such as, an indigenous community leader or member of a royal family.

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