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:
Association membership, directors
and committee meetings shall be conducted pursuant
to agendas distributed in advance to attendees; discussions
shall be limited to agenda items,
shall be no substantive discussions of Association matters other than at
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;
boycotts; (5) foster unfair trade practices; (6) assist monopolization; or in
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.
Association members who
participate in conduct which the Board of Directors, by two-thirds
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.
Control of sales.
9. Allocation of markets.
Refusal to deal with a corporation because of its pricing or distribution
11. Whether or not the pricing practices of any industry member is
unethical or constitutes an unfair
is an excerpt from the ANTITRUST GUIDE FOR ASAE MEMBERS)