To ensure the safety of our Members from the appearance of any impropriety, whether intentional or accidental, the CD & CA's Board of Directors recommends that all our Members and Guests consider the following guidelines with regard to U.S. Antitrust laws:
Group activities of competitors are inherently suspect under the antitrust laws. Many activities among competitors, however, are both legal and beneficial to the industry. One vehicle for enjoying the benefit of permitted agreements among competitors, while avoiding the pitfalls of illegal agreements, is by belonging to a professional association which takes its obligations in this regard very seriously. Because our Association's mission is essentially social, there should be no reason for any questionable discussions to ever find their way onto one of our General Meeting or Board Meeting agendas. Yet it is wise to be prepared and to understand the basics of what is acceptable and what is not. The do's and don'ts presented below highlight only the most basic antitrust principles. All participants should consult their own counsel in all cases involving specific situations, interpretation, or advice.
- Adhere to prepared agendas for all meetings and object any time meeting minutes do not actually reflect the matters which transpire.
- Understand the purpose and authority of each group in which you participate.
- Consult with counsel on all antitrust laws; disassociate yourself from any such discussions or activities and leave any meeting in which they continue.
- In fact or appearance, discuss or exchange information regarding:
- Individual company prices, price changes, price differentials, mark-ups, discounts, allowances, credit terms, etc., or data that bear on price, costs, production, capacity, inventories, sales, etc.
- Industry pricing policies, price levels, price changes, differentials, etc.
- Changes in industry production, capacity or inventories.
- Bids on contracts for particular products; procedures for responding to bid invitations.
- Plans of individual companies concerning the design, production, distribution or marketing of particular products, including proposed territories or customers.
- Matters relating to actual or potential individual suppliers that might have the affect of excluding them from any market or of influencing the business conduct of firms toward such suppliers or customers.
- Discuss or exchange information regarding the above matters during social gatherings, incidental to any meetings, even in jest.