Guidelines on Competition Law Compliance
As the members of REfresh alliance are committed to ensuring that any discussions or collaborations they may enter into and/or in connection with the REfresh alliance will comply with any and all applicable competition and antitrust laws.
The Members signed the Joinder Agreement and adhere to the Mutual Confidentiality Agreement and Information Sharing Protocol that governs the discussions and collaboration of the alliance.
The members adhere to the following principles, among others, as outlined in the Mutual Confidentiality Agreement and Information Sharing Protocol:
Participation in the REfresh alliance is not mandatory, and members shall not (without objective justification) exclude third parties who seek the same objective and agree to abide by the terms of the program.
Members are free at all times to engage in any other independent or collaborative sustainability initiatives, including in relation to renewable energy.
Member shall only exchange information that is essential for the purposes of the program and shall not share any Commercially Sensitive Information (CSI) with each other, either directly or indirectly. Any CSI which is essential for the purposes of the program shall be only with Enel X, who shall not, in turn, share it with other members without proper aggregation and anonymization.
Members shall not enter into any discussion outside the scope permitted by the Information Sharing Protocol.
Where practicable, the members shall set an agenda in advance of any discussions to scope the exercise, participants, and topics of discussion. Any material deviations from the agenda, which are relevant from a competition law perspective, must be reviewed and approved in advance by legal counsel; otherwise, there will be no deviations.
Where practicable, detailed minutes, including inter alia the date, the names and affiliation of each participant and the topic(s) discussed, shall also be drafted and circulated to all the members after each discussion.
Members shall not discuss or agree to boycott any particular suppliers, alter their output levels or reach any other agreements on any parameters of competition.
Members shall not discuss or reach any agreements not to compete (or to compete to a lesser extent) in any areas, including on any sustainability benchmarks. Benchmarking should never result in any agreement between the members not to exceed certain targets.