Peer Activities and Antitrust Guidelines

Various Gartner product offerings contain a peer activity component where clients with similar job roles within an IT organization, in the same or different industries, are convened by Gartner to exchange knowledge, impart insights and share best practices related to their information technology issues and challenges. These offerings include, but are not limited to, Research Board, Peer Connect, Global Peer Industry Forums, Events (Break-Out Sessions), EXP Academies and IT Executives. In connection with these peer activities Gartner often serves as moderator to facilitate discussion on topics that participants deem relevant. In some instances, Gartner may obtain certain benchmarking data and related company-specific data from the participants, which it may use in an aggregated and non-identifiable format in connection with the provision of its research services.

Participants in Gartner peer activities must be sensitive to discussion topics that might implicate antitrust / competition laws. To ensure that the participants understand and comply with these laws, Gartner is providing you with these Antitrust Guidelines, which constitute basic rules for interacting that are designed to avoid antitrust issues. We encourage you to review the Guidelines carefully and consult your own legal counsel if you have any questions. The Antitrust Guidelines, which are applicable globally, are incorporated into the meeting and/or online registration materials for all Gartner peer activity offerings. Along with the Antitrust Compliance Policy Statement attached as Exhibit I, the Antitrust Guidelines are intended to remind participants of their obligations in connection with their involvement in Gartner peer activities.

Antitrust compliance is the responsibility of every peer activity participant; as such we ask that you keep these Guidelines in mind when interacting with other participants at any Gartner peer activity.

Gartner assumes no responsibility for ensuring that peer activity discussions are appropriate and not in violation of any antitrust/competition laws. If you as a participant have any questions in this regard, you must consult your own legal counsel.

Basic Rule:

Agreements, whether written or verbal, or those that may signal or otherwise constitute tacit understandings that have the effect of lessening competition, could violate antitrust laws and expose participants of the Gartner peer activities to substantial legal liability.

Guidelines — Generally:
Do: For Example:
Adhere to the meeting agenda and/or activity program Various gatherings, including Research Board and Global Peer Industry Forums, have prepared agendas that are circulated in advance to all participants
Follow the Discussion Guidelines below
  • Discuss issues of general industry interest, but refrain from any discussions of commercially sensitive, strategic or confidential information in relation to participants' business
  • Object to the discussion of improper subjects and take action to cease any improper discussions; if that fails, leave the meeting
  • Seek guidance from your legal counsel if you have any questions or concerns
  • Permissible discussion topics include the effects of government legislation; historic, aggregated and statistical market data; and general industry experiences or opinions
  • If the discussion turns to improper subjects such as model licensing terms for the competitors’ primary suppliers, you should object, take action to cease the improper discussion and if that fails, leave the meeting
Discussion Guidelines:
Do Not:  
Engage in discussions regarding prices, fees or rates
For example:
  1. Discuss the methodology of setting prices
  2. Make any comments regarding your thoughts on past, current or future pricing
  3. Make an agreement about the prices that companies will charge their customers
Engage in discussions related to production capacity
For example:
  1. Disclose any expansion or retraction plans
  2. Forecast future ability to meet market demand
  3. Agree to fix quality or quantities
Make any statements that could be interpreted as an invitation to coordinate behavior
Do not say:
  1. "Something needs to be done about low prices,” which can be interpreted as an invitation to raise prices"
  2. "Next week will be a good time to send out press releases regarding our capacity", which may be interpreted as an invitation to coordinate announcements to the market
Make any agreements allocating customers or geographic territories or markets Do not agree to refrain from competing for certain customers or in certain countries in exchange for not having to face competition from another customer or in another country
Disclose any disaggregated, customer-specific information
For example:
  1. Disclose upcoming opportunities to win new customers
  2. Discuss prices charged to specific customers
  3. Disclose revenues attributable to specific customers
Discuss future plans regarding product lines Do not disclose new product lines or research and development expenditures
  • Make any agreement regarding a joint action that may be taken against a customer, supplier, distributor, or competitor
  • Attempt to prevent a supplier(s) from selling to your competitor(s)
Do not agree to:
  1. Refuse to deal with a particular customer
  2. Attempt to obtain more favorable terms from a supplier
  3. Refuse to enter into cross-supply agreements with a particular competitor
Discuss your company’s commercial strategy (which may be interpreted as an invitation to coordinate strategies or to otherwise enable a coordination of strategies) or agree on a joint strategy relating to the operation of your business
Do not discuss or agree:
  1. Internal costs
  2. Details of customers
  3. Sales and orders
  4. Market shares
Agree on uniform terms and conditions on which to deal with certain customers or suppliers that you have in common
If your company and another company both sell products or services to the same customer, do not
  1. Discuss the terms and conditions upon which you deal with that customer
  2. Agree not to supply that customer with products except on jointly agreed terms
  3. Agree on model licensing terms
Agree to forego entering into new lines of business that compete against the company of the participant with whom you are talking If your company is intending to enter a new business, do not discuss with another company in that same business or industry the terms upon which you should or should not compete in that market.

Note: “Potential” competitors are subject to the same rules as “actual” competitors, and should take care to follow all of the Guidelines that are discussed above.

Exhibit I


As described in the Peer Activities Antitrust Guidelines, it is the obligation of all participants in any Gartner peer activity to comply at all times with all applicable antitrust laws, and to refrain from engaging in anticompetitive conduct. This includes, but is not limited to, the following:

  1. Discussing or actively setting prices or production capacity.
  2. Discussing or disclosing customer-specific information
  3. Discussing or actively dividing or allocating markets or customers.
  4. Discussing or actively engaging in boycotts or refusals to deal.
  5. Discussing or taking joint action against a customer, supplier, distributor, or competitor.

Gartner assumes no responsibility for ensuring that discussions conducted during peer activities are appropriate and are not in violation of any antitrust laws. Participants who have any questions in this regard must consult their own legal counsel.