To minimize the possibility of antitrust problems at association gatherings, the following guidelines should be followed at all meetings of the Board of Directors, committees, advisory groups, and action teams, as well as all association-sponsored conventions, trade shows, training seminars, conferences, and task force and working group sessions.
- DO NOT discuss your prices or competitors’ prices with a competitor (except when buying from or selling to that competitor) or anything, which might affect prices such as costs, discounts, terms of sale, or profit margins.
- DO NOT agree with competitors to uniform terms of sale, warranties, or contract provisions.
- DO NOT agree with competitors to divide customers or territories.
- DO NOT act jointly with one or more competitors to put another competitor at a disadvantage.
- DO NOT try to prevent your supplier from selling to your competitor.
- DO NOT discuss your future pricing, marketing, or policy plans with competitors.
- DO NOT discuss your customers with your competitors.
- DO NOT make statements about your future plans regarding pricing, expansion, or other policies with competitive overtones. Do not participate in discussions where other members do.
- DO NOT propose or agree to any standardization which will injure your competitor.
- DO NOT attend or stay at any informal meeting where there is no agenda, no minutes are taken, and no association staff member is present. There are no “off the record” discussions.
- DO NOT do anything before or after association meetings, or at social events, which would be improper at a formal association meeting.
- DO alert association staff and legal counsel to anything improper.
- DO send copies to an association staff member of any communications or documents sent, received, or developed by you when acting for the association.
- DO alert every agent and employee in your company who deals with the association to these guidelines.
- DO be conservative. If you feel an activity might be improper, ask for guidance from association staff or legal counsel in advance.
- DO apply these same guidelines to any use of email and social media.
