SECTION 1. Policy: It is the long standing and undeviating policy of the Association to comply strictly with the letter and spirit of all federal, state, and applicable international trade regulations and antitrust laws. Any activities of the Association or Association-related actions of its staff, members, officers or directors which violate these regulations and laws are detrimental to the interests of the Association and are unequivocally contrary to the Association policy.
SECTION 2. Implementation: Implementation of the antitrust compliance policy of the Association shall include, but shall not be limited to the following:
a. Association membership, directors and committee meetings shall be conducted pursuant
to agendas distributed in advance to attendees; discussions shall be limited to agenda items,
there shall be no substantive discussions of Association matters other than at membership,
directors and committee meetings; minutes, shall be distributed promptly.
b. All Association activities or discussions shall be avoided which might be construed as
tending to: (1) raise, lower or stabilize prices; (2) regulate production; (3) allocate markets;
(4) encourage boycotts; (5) foster unfair trade practices; (6) assist monopolization; or in any
way violate federal, state or applicable international trade regulations and antitrust laws.
c. Association staff members who participate in conduct which the Board of Directors, by two-
thirds majority vote, determines to be contrary to the Association antitrust compliance policy
shall be subject to disciplinary measures up to, and including, dismissal.
d. Association members who participate in conduct which the Board of Directors, by two-thirds
majority vote, determines to be contrary to the Association antitrust compliance policy shall
be subject to disciplinary measures up to, and including, termination of membership.
TOPICS OF DISCUSSION WHICH MUST BE AVOIDED AT ASSOCIATION MEETINGS
1. Current or future prices (great care must be taken in discussing past prices).
2. What constitutes a "fair” profit level.
3. Possible increases or decreases in prices.
4. Standardization or stabilization of prices.
5. Pricing procedures.
6. Cash discounts.
7. Credit terms.
8. Control of sales.
9. Allocation of markets.
10. Refusal to deal with a corporation because of its pricing or distribution practices.
11. Whether or not the pricing practices of any industry member is unethical or constitutes an unfair
(This is an excerpt from the ANTITRUST GUIDE FOR ASAE MEMBERS)
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