Manage competition law risks

Competing fairly benefits everyone.

Competition laws promote fair competition and prohibit practices such as price-fixing and market allocation. We are committed to full compliance with applicable competition laws – this compliance helps maintain trust in BHP and the markets we participate in.

Manage competition law risks

  • What it means for you
  • How you make an impact 
  • Resources
Comp law risks

Always

• Maintain BHP’s independence in dealings with third parties, including in relation to pricing, marketing and selling.

• Consider the appearance and implications of interacting with a competitor or potential competitor, whether in a business or personal setting.

• Avoid any action which could imply illegal coordination with competitors or potential competitors.

• Ensure written communications are clear and accurate.

• Obtain approval pursuant to the Our Requirements Business Conduct standard before submitting any information on behalf of BHP to a competition authority.

• Comply with joint venture ring fencing protocols.

• Consult with Compliance or Legal before accusing a third party of anti-competitive behaviour.

Office

Never

• Agree with a competitor to fix, raise, lower or stabilise prices of goods sold or purchased, including in relation to recruitment activities, such as employee salaries and benefits.

• Agree other competitive terms with a competitor such as pricing formulae, discounts, margins, rebates, commissions or credit terms.

• Limit production or agree with a competitor to reduce or limit production capacity.

• Rig a bid or otherwise illegally coordinate bidding or tendering activities.

• Allocate markets, customers, suppliers or geographic territories with a competitor.

• Agree with a competitor to boycott any customer or supplier.

• Obstruct a competition authority by providing false or misleading information, preventing a legitimate onsite investigation, concealing or destroying documents or alerting any third party to the fact of a competition law investigation.

Hypothetical scenarios

  • Q: At a social gathering, a competitor complains to me about one of our vendors. He says his company will never use the vendor again and recommends we do the same. We have had a similar negative experience, so can we agree with the competitor’s recommendation?
  • Q: BHP has agreed to participate in a study focused on sustainability in the mining and resources industry. The study is being led by a research institute, with other producers and customers also participating. As part of the study, BHP is requested to provide some production forecast data and current salary details for a proposed secondee to the project. Can I provide the information requested?
  • View more hypothetical scenarios

How to speak up

If you have questions about Our Code, speak to your line leader, 2Up leader, Ethics and Investigations, Compliance, or Legal. Employee Relations or a HR Business Partner can direct you to the relevant reporting options available. You can also seek further information and resources via BHP’s RespectChat.  Anyone who works with us, on our behalf, or is associated with us, can also raise misconduct concerns via Integrity@BHP or the BHP Protected Disclosure Reporting Channel.

Online: Make a report in either Integrity@BHP or the BHP Protected Disclosure Reporting Channel. 

Phone: You can also contact the BHP Protected Disclosure Reporting Channel by phone. 

Download Our Code