Antitrust Compliance Program. Reliant Energy, Inc. shall institute, within thirty (30) Business Days after the Settlement Effective Date, an antitrust compliance program. The antitrust compliance program shall include not less than the following for directors, officers and employees of Reliant Energy, Inc.’s western commercial operations: (i) mandatory antitrust training, which may be computer based training, for each officer and employee; (ii) written compliance standards to be distributed to each officer and employee; (iii) annual review of the compliance program by the officers and directors of Reliant Energy, Inc. responsible for this program; (iv) appointment of an antitrust compliance officer or an antitrust compliance committee, which may be the Ethics or Compliance Officer and the Office of Ethics and Compliance of Reliant Energy, Inc.; (v) confidential reporting systems; (vi) disciplinary mechanisms to ensure enforcement of standards; and (vii) protocols and procedures for initiating and concluding internal investigations. For purposes of this Section 5.7, with respect to Reliant Energy, Inc., the term “employee” shall mean all U.S. exempt employees at the manager level or above for western commercial operations, and the terms “officers” and “directors” shall mean, respectively, the U.S. officers directing western commercial operations and U.S. directors of Reliant Energy, Inc. Nothing in this Section 5.7 is intended to suggest or reflect that any antitrust compliance program currently maintained by Reliant Energy, Inc. is not fully compliant with the requirements set out herein.
Antitrust Compliance Program. El Paso shall institute within thirty (30) Business Days after the Effective Date an antitrust compliance program, consistent with the provisions of section 8A1.2 of the Federal Sentencing Guidelines, approved in writing on or before the Effective Date by the AG, each of the Northwest AGs, and the Nevada AG, which approval shall not be unreasonably withheld. The antitrust compliance program shall include not less than the following for directors, officers and employees of EPNG, El Paso Merchant Energy Company and El Paso Corporation: (i) mandatory antitrust training for each officer and employee; (ii) written compliance standards to be distributed to each officer and employee; (iii) annual review of the compliance program by El Paso officers and directors, including all outside directors; (iv) appointment of an antitrust compliance officer and antitrust compliance committee, which may be the Ethics Officer and the Ethics and Compliance Committee of El Paso; (v) confidential reporting and monitoring systems; (vi) disciplinary mechanisms to ensure enforcement of standards; and (vii) protocols and procedures for initiating and concluding internal investigations. For purposes of this Paragraph, (i) with respect to EPNG and El Paso Merchant Energy Company, the term “employee” shall mean all U.S. exempt employees at the manager level or above, and the terms “officers” and “directors” shall mean the officers and directors of those companies, and (ii) with respect to El Paso Corporation, the term “employee” shall mean all U.S. exempt employees at the manager level or above and the terms “officers” and “directors” shall mean the officers and directors of that company, except that, these terms are limited to those employees, officers and directors with responsibility for the management of the operations or personnel of EPNG or El Paso Merchant Energy Company.
Antitrust Compliance Program. Respondents shall design, maintain, and operate an antitrust and competition compliance program to assure compliance with this Settlement Agreement and the federal and state antitrust and competition laws, including the Connecticut Antitrust Act, C.G.S. §§ 35-24 et seq. and the Connecticut Unfair Trade Practices Act, C.G.S. §§ 42-110a et seq.
