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ANTITRUST
STATEMENT
Antitrust enforcement agencies fully recognize
the value of trade and professional associations as a means of
enhancing competition and contributing overall in a positive way to
the economy and the public interest.
However, because certain activities are not entirely free
from antitrust concerns, it is important to keep in mind certain
guidelines when conducting or discussing our association’s
business.
What can I do?
Antitrust law explicitly provides that a concerted effort by
an association to influence the exercise of government power or to
influence public officials is not a violation of the antitrust laws.
Conduct undertaken to further that goal is seen by regulators
as necessary to bring about change in a trade or industry.
Activities that have been deemed to NOT raise
antitrust concerns include publishing trade journals, collecting and
disseminating industry data, lobbying, seminars for industry
members, monitoring and reporting on government actions, and
educational activities in certain specified areas.
What should I not do? Regulators are wary of collaboration that may have the effect
of raising prices above, or reducing output, quality, service or
innovation below, what would likely exist absent that collaboration. Further, collaboration that limits independent
decision-making or combines the control of certain financial
interests will bring increased scrutiny.
Activities that have been deemed to raise
antitrust concerns include discussing methods of distribution, terms
and conditions of sale, production and price related information,
transportation rates, certain kinds of joint research, the division
of markets or allocation of customers, and product standardization
and certification programs.
This statement reflects the guidelines utilized
by IERG Staff and Member Company Representatives in the conduct of
IERG meetings. Prohibited
discussion topics apply equally to social gatherings incidental to
IERG meetings.
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