RT Competition Standard

COM-B-003
Group Title: Competition Standard Document No: COM-B-003

Standard
Function: Rio Tinto Legal
No. of Pages: 3
Approved: Effective: Supersedes: No Audit Before:
30 May 30 May Antitrust

2019 2019 Standard,
October
2015
Owners: Approver: Target Audience:
Rio Tinto Legal Rio Tinto Executive All Rio Tinto employees,
committee directors and contractors.
All businesses and

functions in which Rio
Tinto plc or Rio Tinto
Limited hold a controlling
interest directly or
indirectly.
Businesses or joint
ventures in which Rio Tinto
holds a minority interest
should be aware of the
Standard and be requested
to adopt substantially
similar standards.
Direct Linkages to other relevant Policies, Standard, Procedures or Guidance notes:
The Way We Work

Business Integrity Standard
Group Procedure on Joint Ventures
Competition Guidance Note
Document Purpose:
The Competition Standard highlights the key areas of competition law risk that we face
and sets out the minimum behaviour expected, so that Rio Tinto can continue to
compete ethically and respect applicable competition laws wherever we operate.
Competition Standard
1. What is competition law?
Many countries have competition laws – or antitrust laws – to ensure effective competition
among companies, so that markets work well for consumers. Competition law typically
prohibits agreements or practices that restrict competition as well as abusive conduct by a
dominant company. These laws impact our interactions with competitors, customers and
suppliers. The Definitions section below explains the terms used in this Standard.
2. What do you need to do?
Rio Tinto employees and contractors should follow applicable competition laws wherever we
operate. This means in particular that:
2.1 we should not enter any arrangement (even informal, unwritten) with a competitor
aimed at price fixing, reducing output or capacity, delaying expansions, collective
boycott, customer allocation or market sharing;
2.2 we should not exchange competitively sensitive information with a competitor either
directly or indirectly (e.g. via a customer, industry analyst, journalist, trade publication
or social media);
2.3 we should publicly distance Rio Tinto if a competitor attempts to share competitively
sensitive information with us or invites us to engage in any form of collusion (e.g. by
leaving the meeting and publicly objecting or by reporting the incident immediately to
Rio Tinto Legal);
2.4 we should not abuse a dominant position by excluding competitors or exploiting

consumers, in markets where a Rio Tinto business may be considered dominant;
2.5 we should not impose restrictive clauses on commercial partners in any jurisdictions
which prohibit such clauses (e.g. resale price maintenance in the EU); and
2.6 we should comply with mandatory merger control regimes (including procedural
rules) in jurisdictions where we have operations or which could impact a transaction
adversely (e.g. where a merger filing is triggered by an acquisition, disposal or the
creation of a joint venture).
1
3. Why do you need to comply with this Standard?
Allegations of anti-competitive behaviour can expose Rio Tinto and its employees to civil and
criminal penalties and damage our brand and reputation. Competition laws apply in almost
all the countries where we operate; most of such laws extend beyond national boundaries.
That’s why we need to ensure compliance with this Standard and competition laws wherever
we do business.
4. What is expected of you?
You should be fully aware of this Standard whatever your role: compliance is mandatory.
Failure to comply may result in disciplinary action, including dismissal. In case of a conflict
between this Standard and local laws, you should comply with the more stringent
requirement.
If you are a manager of people, you should communicate and apply this Standard in your
area of responsibility, as well as assisting employees with any queries regarding this
Standard, and escalate where appropriate to more senior management.
You should seek advice from Rio Tinto Legal if you have any queries or concerns regarding
competition law and compliance with this Standard. In addition, you should engage at least
annually with the Rio Tinto Senior Competition Counsel if your business area has an
exposure to competition risks.
You should complete any mandatory competition training assigned to your role.
5. Reporting breaches
You should immediately report any actual, suspected or alleged breach of competition law or
a breach of this Standard to the Senior Competition Counsel and Head of Ethics & Integrity –
where possible the report should first be made verbally.
Alternatively, you can report incidents to your local Ethics & Integrity contact or Talk To
Peggy.
Your manager should also be informed of any potential breach of competition law or this
Standard.
2
6. More information?
Read the Competition Guidance Note for more advice on how to stay safe in relation to:
• Dealing with competitors (including site visits and trade associations)

• Information sharing and gathering (including benchmarking)
• Joint ventures
• Vertical agreements
• Abuse of dominance
7. Definitions
Competitively sensitive information includes unpublished information (i.e. information that

is confidential or has not been publicly disclosed) relating to:
• Current or future production, capacity, exploration or mining plans, operational strategy

• Prices (including supplier prices, customer discounts, rebates or pricing projections)
• Current or future revenue, unit cost, profit levels, market shares or commercial strategy
• Customer and supplier lists, trade and credit terms, salary or wage rates
• Contract negotiations (including use of force majeure), bidding intentions.
Competitor means:
• A company which supplies (or is likely to supply) the same or similar products as Rio
Tinto. This may include suppliers, traders, customers and agents.
• Market-facing JVs over which Rio Tinto does not exercise sole control.
• In procurement, a company which seeks to purchase the same or similar goods or
services as Rio Tinto for its operations may be a competitor.
Rio Tinto means:
• Rio Tinto plc, Rio Tinto Limited and any business controlled by either Rio Tinto plc or Rio
Tinto Limited. Businesses may be considered to be inside or outside Rio Tinto based on
factors other than shareholding, such as control of production, costs and marketing
decisions.

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COM-B-003

Group Title: Competition Standard Document No: COM-B-003

Approved: Effective: Supersedes: No Audit Before:

30 May 30 May Antitrust

Owners: Approver: Target Audience:

All businesses and

Direct Linkages to other relevant Policies, Standard, Procedures or Guidance notes:

The Way We Work

1. What is competition law?

2. What do you need to do?

2.4 we should not abuse a dominant position by excluding competitors or exploiting

4. What is expected of you?

• Dealing with competitors (including site visits and trade associations)

Competitively sensitive information includes unpublished information (i.e. information that

• Current or future production, capacity, exploration or mining plans, operational strategy

Rio Tinto means:

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