subcritical71 wrote: ↑12 Sep 2020, 16:51
It's a valid concern, but there are already and has been specific rules about how the 3rd party work must be allocated in Appendix 6 of the sporting regulations. It may be that these need to be tightened up to prevent your exact scenario, but more or less its already in the rules.
APPENDIX 6
1. A competitor shall, in respect of the Listed Parts to be used in its cars in Formula One, only use Listed Parts which are designed by it.
2. The obligation to design and use Listed Parts shall not prevent a competitor from Outsourcing the design and/or manufacture of any Listed Parts to a third party (including an Associate of such competitor) provided that :
a) It retains the exclusive right to use the Listed Parts in Formula One so long as it competes in Formula One.
b) In the case of the Outsourcing of manufacture such third party shall not be a competitor.
c) In the case of the Outsourcing of design, such third party shall not be a competitor or a party that directly or indirectly designs Listed Parts for any competitor.
d) If part of an Outsourcing arrangement involves aerodynamic testing by a third party, this must be carried out and reported in accordance with Appendix 8 to these Sporting Regulations. For the avoidance of doubt, any related Restricted Wind Tunnel Testing and Restricted CFD Simulations must take place in the wind tunnel nominated by the relevant competitor in accordance with Paragraph 1.5 of Appendix 8 or using the CFD hardware nominated by the relevant competitor in accordance with Paragraphs 2.6 and 2.7 of Appendix 8. Any such Testing or Simulations will be taken into account when assessing the relevant competitor’s compliance with the usage limits defined in Section 3 of Appendix 8.
3. a) A competitor may use non-Listed Parts designed by another competitor, if this is the case any aerodynamic testing related to the design of such Parts must be carried out and reported only by the competitor designing them in accordance with Appendix 8 to these Sporting Regulations.b) In the case of a competitor Outsourcing the design of non-Listed Parts to a third party that is not a competitor, and such arrangement involves aerodynamic testing, this must be carried out and reported in accordance with Appendix 8 to these Sporting Regulations. For the avoidance of doubt, any related Restricted Wind Tunnel Testing and/or Restricted CFD Simulations must take place in the wind tunnel nominated by the relevant competitor in accordance with Paragraph 1.5 of Appendix 8 or using the CFD hardware nominated by the relevant competitor in accordance with Paragraphs 2.6 and 2.7 of Appendix 8. Any such Testing or Simulations will be taken into account when assessing the relevant competitor’s compliance with the usage limits defined in Section 3 of Appendix 8.
4. No competitor shall be entitled :
a) To pass on or receive any information on Listed Parts (including but not limited to data, designs or drawings) directly to or from another competitor or via an external entity or third party.
b) To receive or supply consultancy or any other kind of services from or to another competitor directly or via an external entity or third party in relation to Listed Parts.
5. Any information on non-Listed Parts passed on or received by a competitor or any consultancy or any other kind of services involving a competitor in relation to non-Listed Parts shall be strictly limited to the designs or drawings necessary for the integration of the non-Listed Parts into the design of the car and/or the data necessary for the correct operation of the non-Listed Parts on the car.
6. No competitor may use movement of personnel (whether employee, consultant, contractor, secondee or any other type of permanent or temporary personnel) with another competitor, either directly or via an external entity, for the purpose of circumventing the requirements of this Appendix.
7. Any reference to any competitor shall include any Associate of such competitor and any external entity working on behalf of a competitor or for its own purposes and subsequently providing the results of its work to a competitor.
8. An “Associate” means :
a) Any person (including any corporate or unincorporated body) in which such party directly or indirectly :
(i) Owns share capital or business assets; or
(ii) Has the power to exercise voting rights; or
(iii) Has the power to appoint members of the supervisory board, board of directors or bodies legally representing such a firm or body corporate or unincorporated; or
(iv) Has the right to manage the business of such firm or body corporate or unincorporated body; or
b) Its controller (where controller means any person who directly or indirectly has in or over any party the rights or powers listed in sub-clause (a) of the definition of Associate); or
c) Any person (including any corporate or unincorporated body) in which its controller directly or indirectly has the right or powers listed in sub-clause (a) above; or
d) Any agent, contractor (or sub-contractor) or any other person (including any corporate or unincorporated body) which is set up or used by a competitor to circumvent the requirements of this Appendix.
9. “Outsourcing” means to procure goods or services under contract with an outside supplier.
