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SAISC POLICY & GUIDELINES ON ANTI-COMPETITIVE BEHAVIOUR

The SAISC is dedicated to the promotion of the use of steel in construction, for the benefit of the members of the Institute, the broader steel industry in the country, and the whole of South Africa.

The approach to the pursuit of this objective is to endeavour to make the industry and its products competitive in comparison with competitors, to advance the technological capabilities of the industry, to do market development on behalf of the industry and to advocate the interests of the industry.

The SAISC is committed to compliance with the Competition Act, 1998. The Institute has never been accused of uncompetitive behaviour and intends to continue to act in such a way that no finger can be pointed at it. This policy formalises the Institute’s stance by ensuring that members and staff are alerted to the dangers and are given guidance on all matters relating to competition.

The Institute is transparent in all its activities.

By the very nature of being an association the Institute brings competitors together. It is the responsibility of the members of the SAISC to be vigilant and to ensure that they comply with the requirements of the laws relating to competition in South Africa and in other countries where they may operate, while they are involved in Institute activities and during normal buisiness activities.

Behaviour of members and staff

Members of the SAISC shall not engage in any of the following, and avoid discussing such matters with representatives of other companies:

  • Price fixing
  • Dividing markets among companies
  • Collusive tendering.

Members and staff shall not pursue any arrangement that will have the effect of substantially preventing or lessening competition in any market, unless it can be proved that any technological, efficiency or other competitive gain resulting from it outweighs that effect. Where there is any uncertainty about the validity of any action, guidance shall be sought as to the appropriate conduct.

When participating in activities of the SAISC, members should read minutes and agendas  and prepare for meetings to ensure that neither the staff of the Institute nor any of its members uses meetings for purposes in conflict with the Competition Act.

Membership of the SAISC and inclusivity

Membership of the SAISC is based on objective, reasonable and non-discriminatory and non-exclusive criteria, notably an interest in the use of steel in construction, adherence to the SAISC Code of Practice, and a commitment to producing work of an acceptable technical standard.

No member of the Institute is prevented from participating in any committee, group or activity, except on purely practical grounds.

Procedures for meetings

Each meeting of the SAISC Board or any SAISC committee shall have a written agenda that shall be distributed at least 3 days before the meeting. No agenda may contain items like ‘general’ or ‘any other business’. Items may be added to the agenda at the beginning of a meeting if nobody in attendance objects to their inclusion. Such items shall be clearly identified on the minutes as ‘matters added at the commencement of the meeting’. Only items on the agenda may be discussed at any meeting.

The chairman and everybody attending any meeting shall be vigilant in ensuring that no topic is discussed that may in any way be construed as constituting any of the following:

  • Price fixing
  • Dividing markets among companies
  • Collusive tendering
  • Anything else that may be construed as anti-competitive.

Any queries or objections relating to the discussion of any matter shall, unless the person raising the query or objection can immediately be satisfied, lead to termination of the discussion, recording of the concern, and seeking advice on how to proceed.

An attendance register shall be completed and signed at each meeting. A statement on the attendance register must indicate that signing the register implies an undertaking to comply with the requirements of the Competition Act.

Minutes shall be kept of each meeting. The minutes shall be signed at the next meeting of the committee.

If any member of any committee expresses concern about the contents of any agenda or minutes the chairman of the committee, the Chairman of the Board, or the Executive Director must decide on the appropriate action to be taken.

 

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