Appendix 2: Sample Association Antitrust Compliance Policy

1.0 Antitrust Compliance Policy
Our policy is to comply with all federal, state and local laws,
including the antitrust laws. It is expected that all company member
representatives involved in association activities and association staff
will be sensitive to the unique legal issues involving trade associations
and accordingly, will take all measures necessary to comply with U.S.
antitrust laws and similar foreign competition laws. The association
recognizes the potentiall y severe consequences of failing to comply with
these laws.
Our association brings significant, procompetitive benefits to
industry participants, suppliers, and customers. It must not, however, be
a vehicle for firms to reach unlawful agreements regarding prices or
other aspects of competition, or to boycott or exclude firms from the
2.0 Antitrust Violations Can Have Severe Consequences
Violations of the antitrust laws can have very serious consequences
for the association, its members and their employees.
2.1 Criminal Penalties
Antitrust violations may be prosecuted as felonies and are
punishable by steep fines and imprisonment. For offenses committed
after June 2004, individual violators can be fined up to $1 million and
sentenced to up to 10 years in federal prison for each offense, and
corporations can be fined up to $100 million for each offense. Under
some circumstances, the maximum fines can go even higher than the
Sherman Act maximums to twice the gain or loss involved. The events
that give rise to an antitrust violation often provide the basis for other
charges, such as wire fraud, mail fraud, and making false statements to
the government. Those charges, if proven, carry additional penalties.

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