The European Bedding Industries’ Association was created in January 2000. Its founding members are the national bedding associations of Austria, Belgium, France, Germany, Italy, Spain and The Netherlands, and 3 multinational groups, i.e. Oniris, Recticel and Slumberland.

Mission + Vision

teaser03EBIA members – EBIA position

 

The business of the EBIA member companies (“EBIA members”) is the development, production and supply of Bedding Systems (bed bases, mattresses, pillows, accessories …), technologies and services. EBIA members strive to improve their competitive position by technological innovation and design, the quality of their products and through their customer service. EBIA members are committed without reservation to fair competition.

 

 

As a European trade association, EBIA’s purpose is to promote the interests of its members and to facilitate their respective aims and objectives solely through legitimate means and activities. EBIA proceeds with caution in carrying out this role and its related activities to ensure the non-violation of European antitrust laws. This policy statement (the “Policy”) encompasses the corresponding principles which govern EBIA’s role and those activities.

 

EBIA Antitrust Rules


The following provisions of European antitrust law are in particular relevant regarding EBIA’s activities:

  •  Article 101 of the Treaty on the Functioning of the European Union (“TFEU”) prohibits in its paragraph 1 “agreements between undertakings, decisions by associations of undertakings and concerted practices …, which have as their object or effect the prevention, restriction or distension of competition”.
  • Article 101(1) TFEU includes a non-exhaustive list of prohibited agreements and practices, such as those related to price fixing, limitation of output or sales and allocation of markets or customers. Agreements and practices falling within the scope of application of Article 101(1) TFEU might be exempted its application either on the basis of a block exemption regulation or individually on the basis of Article 101(3) TFEU. It is up to the undertakings themselves to assess whether any exemption is applicable.
  • Article 102 TFEU prohibits the abuse of a dominance by an undertaking (e.g. through a refusal to supply).

 

 

EBIA Antitrust Policy

General Rule

In conformity with its past position and correct operating procedure, EBIA shall fully continue to comply with the European antitrust law and shall ensure that its activities do not lead to any violations thereof.

In support of this Policy, EBIA management shall ensure that all new programs and activities of EBIA or changes in existing programs and activities do not generate any antitrust violations. If there were to be any doubt in this respect, any such programs or activities shall be referred to appointed legal advisors for review before implementation. In line with the already adopted and existing policy in this regard, the aforementioned shall also apply to the content and conduct of EBIA’s meetings.

Prohibited Activities by EBIA members

EBIA will not support or facilitate in any way any agreements or concerted practices by/between EBIA members which infringe European antitrust laws as prescribed by Articles 101 to 108 TFEU (in particular Articles 101 TFEU) and the secondary European legislation in that regard.

Exchange of information – market studies – benchmarking

The activities of EBIA may require the collection of information from EBIA members. This collection and exchange of information shall not lead to any agreement or concerted practice prohibited by Article 101(1) TFEU. In particular, there will be no disclosure of sensitive (commercial) information, such as (but not limited to) information on

  • Sales prices, rebates, market relevant sales conditions;
  • Sales and production;
  • Capacity, capacity utilisation and production costs; and
  • Investments and price relevant cost factors.

In conducting market studies and similar activities, EBIA shall not allow the attribution of specific information to a specific EBIA member. In particular:

  • Sensitive information must be published in aggregated form (average prices, sales, costs, etc.); and
  • Information shall always be collected from at least 3 different EBIA members. Sources shall not be identifiable.

Where EBIA undertakes or assists in benchmarking exercises and (competing) EBIA members are taking part in such benchmarking, EBIA adopts the principle that market-sensitive data shall only be benchmarked if and to the extent that such data is

  • aggregated and derived from at least 3 companies; or
  • historic in nature (older than 12 months)

Direct benchmarking between competitors and frequent benchmarking shall be avoided if it involves commercially sensitive data and if identification of the individual member companies in question is facilitated.

Recommendations

Recommendations of EBIA shall not be binding on individual members. Recommendations of EBIA shall not constitute or lead to agreements or concerted practices as prohibited by Article 101 TFEU. Recommendations regarding trade conditions shall not include any requirement that members have to report any deviating conduct to EBIA.

 

Common EBIA Responsibility


As a procedural rule, EBIA will immediately report suspected compliance issues arising from its activities to the EBIA Secretary General and/or its legal counsel. EBIA cannot be held responsible for any actions by individual EBIA members.