Antitrust Guidelines for Meetings and Other Activities
Antitrust laws aim to keep business competition fair and stop companies from controlling a whole market. These rules are important for keeping prices reasonable, giving customers choices, and making sure the economy runs efficiently. In the United States, if a company breaks these laws, it could be subject to large fines, or be sued for three times the harm caused. In some circumstances, the people in charge could be imprisoned.
Women in Chemicals Incorporated (WIC) enjoys a diverse membership. It recognizes that some members work for companies that may be in competition. When people representing competing companies meet, there is a chance they might violate antitrust laws, even when they do not want to. Therefore, WIC has adopted a strict policy of compliance with these laws, and expects members to follow these guidelines during WIC activities, and in interactions with other members.
DON’T share your company’s confidential or competitively sensitive information. When unsure, assume that information is confidential, if your company hasn’t made it public.
DON’T discuss prices, rates or fees, price trends, or other features that can positively or negatively affect, or stabilize, prices. This includes discounts, customer data, rebates, the timing of price changes, costs, salaries, sales terms and conditions, warranties, promotional programs, inventory, output, capacities or profit margins. If WIC members engage in price-related discussions, and their companies then make parallel decisions on pricing, antitrust regulators could infer that a price-fixing violation could have occurred.
DON’T agree or coordinate with competitors to
uniform terms of sale, warranties or contract provisions, without clearance by both your company’s counsel and WIC management;
divide up markets, territories or customers;
restrict production or output; or
not deal with certain suppliers, vendors, customers or others.
DON’T try to stop a supplier or vendor from providing goods or services to competitors.
DON’T agree to any membership restrictions, standard-setting, certification, accreditation, or self-regulation programs without consulting with, and receiving the approval of, WIC management.
DON’T hold yourself out as speaking or acting for or on behalf of WIC, unless you have been authorized by WIC’s board of directors or senior management to do so.
DON’T exchange data about fees, prices, production, sales, bids, costs, salaries, customer credit, wages paid, bonus structures or other business practices, except where the exchange is made under the auspices of a well-considered plan, approved by WIC management.
DO inform WIC management if there is any information exchange or survey that you believe might benefit WIC’s mission and objectives, so that WIC may consider developing it, with the appropriate safeguards in place.
DO ask for an agenda or program for WIC activities. If you have concerns about whether an agenda or program item, or the purpose of an activity, is proper in terms of antitrust, speak with your company’s counsel, your own counsel or WIC management before participating.
DO freely question any discussion of improper or questionable subjects that may occur during WIC activities, including during interactions between WIC members, and bring them to the attention of WIC management.
DO inform and inquire of WIC management if you think that inappropriate topics or information may be discussed or considered at WIC activities. The time and expense involved in an antitrust investigation is significant, and we should all endeavor to catch problems before they may arise.
DO seek guidance from your company’s counsel, your own counsel, or WIC management, if you have any questions regarding antitrust laws, this policy, or your responsibilities under them.