Sensitive Commercial Information (SCI) is defined as information about Argos’ competitors that has economic value or could cause economic harm, where Argos has received such information directly from a competitor. Examples of SCI include (but are not limited to) price lists, price increase announcements, information concerning pricing trends and strategy, sales terms and conditions, information about production capacity, information about product development or innovation, and other trade secrets.
Public Commercial Information (PCI) is information about Argos’ competitors that similarly has economic value, but that Argos has received from customers (who are not also competitors) or from public sources. Collecting and analyzing PCI is expected of Argos’ employees and encouraged as a lawful, and often procompetitive, business practice.
Even where they convey the same information, SCI and PCI must be treated differently because the sharing of sensitive information directly between competitors is often construed as evidence of an antitrust violation.
To that end:
- Argos employees who receive or obtain SCI (whether purposefully or inadvertently) are required to promptly report the instance, along with all relevant details, to UScompliance@argos-us.com.
- Argos employees who receive or obtain PCI are required to document the source of the information and the date on which it was received—on the face of the document if in hard copy. Likewise, if PCI is shared or described in a message, report or chart, the source of the information must be identified in the message, report or chart. Argos employees are expected to retain this PCI, along with the required documentation, in their personal files.
- If any Argos USA employee has any uncertainty about the reporting of SCI or the handling of PCI, the employee should contact the Company’s Compliance Department.