Engineering & Construction Risk Institute Guidelines and Reports
Engineering & Construction Risk Institute, Inc. Sponsors Guidelines and Reports are for the purpose of disseminating information among our Sponsors.

 

ENGINEERING & CONSTRUCTION RISK INSTITUTE GUIDELINES
on COMPLYING WITH COMPETITION AND ANTITRUST LAWS


1. Participation in ECRI shall be open from the outset to all interested E&C companies. ECRI sponsorship shall be subject to clearly stated, objective and non-discriminatory criteria.

2. ECRI’s core purpose is education with respect to increasing awareness and the identification and management of generic risk in the E&C industry.

3. In furtherance of its educational purpose, ECRI will:
(a) Engage in dialogue with E&C companies, their clients and other sectors involved secondarily in the E&C industry such as insurance underwriters, financial institutions, sureties and providers of legal and consulting services;
(b) Develop and disseminate case studies based upon non-attributed and aggregated data;
(c) Develop and disseminate generic check lists;
(d) Seek to identify current and emerging generic E&C risks;
(e) Analyze and disseminate business processes on a non-attributed basis for identifying and evaluating generic E&C risks; and
(f) Analyze and disseminate alternative generic means for financing E&C risk such as surety bonds, insurance products and pricing concepts.

4. ECRI and the companies, which contribute financially to its operations and participate in its programs, will refrain, as part of their participation in ECRI, from:
(a) Agreeing upon or recommending any common contractual language or terms and conditions
(b) Agreeing upon or recommending any prices or pricing guidelines with respect to risks or any other matter;
(c) Participating with any E&C companies in, or otherwise facilitating, any coordinated action which could adversely affect competition in the E&C industry or any related secondary industry (as referred to in 3(a) above), including transactions with customers or suppliers of goods or services; and
(d) Soliciting, obtaining, communicating or disclosing any commercially sensitive information in relation to any E&C company (or company in a secondary industry), which might distort competition, such as a company’s intentions regarding prices, terms and conditions, territories and sales, including in relation to particular groups of customers.

5. To the extent that ECRI obtains competitively-sensitive data from any E&C company (or company in a secondary industry), it will do so only in accordance with applicable competition and antitrust laws and enforcement policies and in the context of the retrieval of such data for the purposes of aggregating and analyzing such data and reporting the results thereof in a format which precludes the identification of any single company as the source of any such data.

6. ECRI will maintain accurate records of all agenda and meeting notes which shall be subject, as necessary or appropriate, to external counsel review before final approval.

7. ECRI will consult with antitrust/competition law counsel on all issues perceived to present possible competition/antitrust issues when such issues are perceived.

Approved by the Board of Directors June 4, 2013