ELUPEG - Competition Law Issues

This statement is a statement of ELUPEG's views and intentions in connection with ELUPEG's position in relation to Competition Law. ELUPEG makes no statement advice to its members concerning Competition Law. If members have issues concerning Competition Law issues they should seek legal advice.

ELUPEG has no intention of restricting trade between member states of the EU. In fact it is ELUPEG's goal to bring together the relevant parties necessary to discuss improving the efficiency and workability of the European logistics market. Such improvements would be likely to increase trade between member states as the availability of a workable logistics service is key to successful trade.

However, ELUPEG will do no more than provide a forum for the sharing of information, and awareness of the issues that currently prevent the logistics sector operating smoothly and efficiently throughout Europe. Any projects that are then initiated by ELUPEG members are done so on an independent basis between the participators.

In ensuring that ELUPEG is in no way restrictive in its activities, ELUPEG confirms the following non- exhaustive principles;

• Membership of ELUPEG is entirely voluntary - undertakings not affiliated with ELUPEG are not compelled to join in order to be able to enter a market and deal with ELUPEG members.
• There are no restrictions on any type of legally constituted and operated undertaking joining ELUPEG.
• ELUPEG does not advise its members on what is acceptable behaviour in the context of Competition Law but would recommend that where members are participating in joint projects legal advice should be taken on Competition Law issues.
• ELUPEG does not oblige its members to deal exclusively or indeed to deal with other members.
• It is ELUPEG's intention to continue to publicise the forum and thereby make the membership of ELUPEG as widely available as is possible - this intention must be considered in light of ELUPEG's position as a non-profit making association with very limited funds.
• Once ELUPEG members have identified that they are willing and able to discuss specific collaborative opportunities (rather than the general discussion of where collaboration opportunities may arise); such ELUPEG members cease to operate within the ELUPEG organisation and are thereafter dealing with each other as commercial organisations. As such, ELUPEG would not be liable for any issues that arise.

The conduct of ELUPEG members should at all times during the conceiving, structuring and execution of projects which derive from ELUPEG involvement be consistent with the ELUPEG Confidentiality Agreement and Code of Conduct.