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Competing Fairly and Gathering Competitive Information

Our Commitment

We compete for and win business with integrity, based solely on the strength of our products and services. To uphold our Values and protect our reputation, we strictly follow all applicable antitrust and competition laws and support a free and fair marketplace. We keep our business strong by staying informed about our competitors, but we always gather this information lawfully and ethically and treat the confidential information of others as we would want them to treat ours.

How We Act with Integrity

  • Clearly object to and report any attempt by a competitor to discuss or make agreements about pricing, markets or market share, bidding or other sensitive topics.
  • Familiarize yourself with the Hexcel Competition and Antitrust Policy and Guidance.
  • Access competitive information only when we have a clear belief that both the receipt and use of the knowledge are lawful and follow Hexcel guidelines.
  • Take special care when gathering and using non-public information.
  • Agree with competitors to set prices or other terms of sale, coordinate bids, or allocate customers, sales territories, product lines, or mandated end user distributor prices.
  • Agree with competitors or other regional employers on employee salaries and benefits, or agree not to solicit or hire the other’s employees, except with the prior approval of the Law Department.
  • Discuss these kinds of topics with competitors even in an informal setting such as a trade show or customer event.

Integrity in Action

I would never collude with a competitor about the prices of our products. However, I would like to have informal discussions with competitors to understand their pricing. Is that okay?

It is not appropriate to have these discussions, even informally to gather information. Under antitrust and competition laws, any agreement, whether formal or informal, or any joint activity involving Hexcel and another party, may violate antitrust and competition laws if the intent is to reduce competition. Unlawful agreements need not take the form of a written contract or comprise express commitments or mutual assurances. Courts can infer agreements based on “loose talk,” informal discussions, or a mere exchange of information between competitors where pricing, terms of sale or other collusion could result.

Integrity in Action

We are in discussions with a competitor who is also a customer and a supplier. Are we allowed to share pricing and terms that we receive from the competitor to purchase their goods with other Hexcel business units that compete with this company?

Supplier pricing should be distributed within Hexcel on a need-to-know basis. When a competitor is selling their products or materials to Hexcel, Global Sourcing should not provide that information to those functions in Hexcel, such as Sales & Marketing, that compete with the competitor.

Resources

Hexcel Antitrust and Competition Law Guide (CP 1.2)
Anti-Bribery and Anti-Corruption Policy (CP 1.6)

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