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 repre sentatives involved in

[association] activities, as well as [association] cons ultants and meeting

participants, be sensitive to the legal issues involving trade associations

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

similar foreign competition laws.

Whether seriously or in je st, do not discuss or exchange information

regarding:

Prices, including:

• Individual company prices, price changes, pric e differentials,

pricing patterns or policies, or ter ms and conditions of sale

affecting price such as disc ounts, allowances, credit terms,

warranties, rebates or special 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 desi gn, production,

distribution or marketing of particular produc ts or product

features, including possible or proposed customers or terr itories.

• 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 sal es according to

customers, territories or products.

Marketing procedures, including:

• Matters relating to dealing or not dealing with actual or pote ntial

individual suppliers, custo mers or competitors that might

exclude them from the market;

• Territorial restrictions, alloc ations of customers, restrictions on

types of products or any other kind of market division.