ANTITRUST REMINDERS

Meetings are gatherings of members at which the Committee’s business is transacted and represent the opportunity to legitimately further the Committee’s goals. Because the Committee member companies may include competitors, AFRC meetings must be conducted to avoid even the appearance that members are taking common action, which might unreasonably restrict trade. It is difficult to delineate in a set of guidelines the permissible limits of discussion at an AFRC meeting because so much is dependent upon the context in which any particular subject is to be raised. However, to avoid the most sensitive areas and meet to transact lawful Committee business for the betterment of our industries, please follow these guidelines:

DON'T

  1. Don’t discuss or exchange information regarding:
  2. Prices, distribution, terms or conditions of sale, volume of production, territories or customers;
    • Pricing methods, policies or changes;
    • Profits and market share;
    • Identified individual company statistics, inventories or merchandising methods;
    • Changes in industry production, capacity, quotas or inventories.
  3. Don’t undertake activities that will require exchanging or collection of information regarding prices, etc., without the advice of legal counsel.
  4. Don’t exclude anyone from participating in any activity or communication if such action might impair their ability to compete or obtain goods or services in the market place.
  5. Don’t try to standardize any product in such a way as to prevent the manufacture or sale of any product that does not conform.
  6. Don’t discuss orally or in writing anything that could be interpreted as an agreement not to purchase from any supplier.
  7. Don’t discuss or exchange any information during social gatherings incidental to meetings regarding any of the above matters.

DO

  1. Follow a formal agenda at all meetings and distribute copies of minutes to all meetings to participants for approval.
  2. Protest any discussions or meetings that appear to violate antitrust laws and dissociate yourself from any such discussion or activity.
  3. Upon leaving any meeting that appears to violate antitrust laws, be sure that such removal is reflected in the minutes of the meeting.