Compliance with intercompany undertakings

An undertaking, given in acceptance of a ruling of a breach of the Code, is an important document. It includes an assurance that all possible steps will be taken to avoid similar breaches of the Code in future. It is very important for the reputation of the industry that companies comply with undertakings.

It is equally important that companies comply with undertakings given during the course of intercompany dialogue. Although such undertakings are not covered by the Code, and are thus not subject to the requirements of the Code, breaching an intercompany undertaking may indicate that previous intercompany dialogue has ultimately been unsuccessful. In such circumstances, a complaint can be submitted under Paragraph 5.11.

Before submitting a complaint to the PMCPA, companies should, however, ensure that the passage of time or the publication of new data, etc. is not such as to impact on previous intercompany undertakings.