Competition Law

The name of the group shall be the United Kingdom Operations Managers Association (UKOMA), hereafter referred to as “the group”.

The group is an association as embodied within the constitution.

Its member companies meet among themselves and with other bodies to discuss issues of mutual interest.  Such meetings are announced in advance, have agreed agendas and usually recorded minutes of what has been discussed, including indications of any participant absenting him/herself from discussion of a particular agenda item.  All discussions or conversations among participants and attendees, including during breaks and scheduled and non-scheduled social activities connected with UKOMA meetings, must follow these Guidelines.  Informal meetings to take final action on agenda items are prohibited.

UKOMA recognises that EU competition law prohibits agreements, concerted practices and decisions of associations involving of undertakings which may affect trade between EU Member States and which may have as their object or effect the prevention, restriction or distortion of competition. 

By attending UKOMA meetings, all participants commit to comply with applicable competition laws.  

As non-exhaustive examples, the following types of agreements, whether express or implied, are STRICTLY PROHIBITED:

a. any agreement concerning prices to be charged for services;

b. any agreement allocating markets, territories, customers, suppliers or agents;

c. any agreement relating to prices to be paid to suppliers, and any other agreement that is intended to, or that in operation is likely to, harm non-participants, including without limitation any agreement that is intended to, or in operation is likely to, exclude a non-participants from any market; and

d. any agreement that is intended to, or in operation is likely to induce companies or their suppliers or agents to engage in collective anti-competitive behavior, or to collectively punish any business enterprise for its exercise of independent business judgment.

Recognising that the existence of an unlawful agreement or concerted practice may be inferred from circumstances, including the exchange of information by competitors. Consequently, discussions or disclosures of the following types of information, are also PROHIBITED, except when such information has otherwise been made public is already in the public domain or legal advice has been taken that such discussions are legally permissible:

• price or any factor affecting price

• information on quality of services and their conditions (i.e. any matter that may affect a customer’s choice of company)

• individual company costs

• profit margins or yields

• an individual companies intentions in respect of aircraft capacity, route schedules and frequencies etc

• seat or load factors

• information on individual companies customers; and

• any other commercially sensitive (i.e. strategically useful) information, the exchange of which has not been subjected to prior legal approval.

Any non adherence to this document shall be referred to the members committee.

 

Adoption

This motion was adopted by the membership committee held at Farnborough Airport on Wednesday 06 August 2014: