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ANTITRUST REMINDER
Group activities
of competitors are inherently suspect under the antitrust laws. Many agreements
among competitors, however, are both legal and beneficial to the industry.
The best vehicle for enjoying the benefits of permitted agreements among
competitors while avoiding the pitfalls of illegal agreements is by belonging
to a trade association like SPI that takes its obligations in this regard
very seriously.
All SPI staff members
are well versed in antitrust matters and the association relies heavily
on their judgement to see that topics which may give an appearance of
an agreement that would violate the antitrust laws are not discussed at
SPI meetings. The fact that an SPI staff member is present at a meeting,
however, should not invite probing to determine how far a discussion can
proceed before it becomes apparent that it is improper and is cut off.
It is the responsibility of each member in the first instance to avoid
raising improper subjects for discussion. This reminder has been prepared
to assure that participants in SPI meetings are aware of this obligation.
The Dos and Don'ts
presented below highlight only the most basic antitrust principles. Each
participant in an SPI meeting should be thoroughly familiar with the SPI
Bulletin, "The Antitrust Laws and You--A Guide and Introduction to
an Understanding of the Federal Antitrust Laws," and should consult
counsel in all cases involving specific situations, interpretations, or
advice.
DON'T
- Do not, in fact
or appearance, discuss or exchange information regarding:
(a) Individual company prices, price changes, price differentials, mark-ups,
discounts, allowances, credit terms, etc., or data that bear on price,
e.g., costs, production, capacity, inventories, sales, etc.
(b) Industry pricing policies, price levels, price changes, differentials,
etc.
(c) Bids on contracts for particular products and procedures for responding
to bid invitations.
(d) Plans of individual companies concerning the design, production,
distribution or marketing of particular products, including proposed
territories or customers.
(e)Matters relating to actual or potential individual suppliers that
might have the effect of excluding them from any market or of influencing
the business conduct of firms toward such suppliers or customers.
- Do not discuss
or exchange information regarding the above matters during social gatherings
incidental to SPI-sponsored meetings, even in jest.
- Do not meet without
SPI staff or counsel present.
DO
- Adhere to prepared
agendas for all SPI meetings and object any time meeting minutes do
not accurately reflect the matters which transpired.
- Understand the
purposes and authority of each SPI group in which you participate.
- Consult with the
SPI General Counsel and your company counsel on all antitrust questions
relating to SPI meetings.
- Protest against
any discussions or meeting activities which appear to violate the antitrust
laws; disassociate yourself from any such discussions or activities
and leave any meeting in which they continue.
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