Appendix 3: Association Antitrust Reminders and Meeting Guidelines

• Pages: 247-248

247

APPENDIX 3

ASSOCIATION ANTITRUST REMINDERS

AND MEETING GUIDELINES

It is required that all member representatives involved in

[association] activities, as well as [association] consultants and meeting

participants, be sensitive to the legal issues involving trade associations

and take all measures necessary to comply with U.S. antitrust laws and

similar foreign competition laws.

Whether seriously or in jest, do notdiscuss or exchange information

regarding:

Prices, including:

•Individual company prices, price changes, price differentials,

pricing patterns or policies, or terms and conditions of sale

affecting price such as discounts, allowances, credit terms,

warranties, rebates orspecial financing, indemnification

agreements.

•Industry pricing policies, price levels, price changes, pricing

procedures, profit margins or other data that bear on price.

•Individual company data regarding costs, production, capacity,

inventory, sales, profit margins or other data that bear on price.

Production, including:

•Individual company plans concerning the design, production,

distribution or marketing of particular products or product

features, including possible or proposed customers or territories.

•Agreements with competitors to (1) control or limit production,

(2) restrict or allocate exports or imports, (3) control or limit

product quality or research, or (4) allocate sales according to

customers, territories or products.

Marketing procedures, including:

•Matters relating to dealing or not dealing with actual or potential

individual suppliers, customers or competitors that might

exclude them from the market;

•Territorial restrictions, allocations of customers, restrictions on

types of products or any other kind of market division.