Do NOT discuss prices, fees or rates, or features that can impact (raise, lower or stabilize) prices such as discounts, costs, terms and condition of sale, warranties or profit margins. Note that price fixing may be inferred by involvement in price related discussions – whether or not an agreement was made among competitors.
Do NOT agree with competitors to uniform terms of sale, warranties or contract provisions.
Do NOT exchange data concerning fees, prices, production, sales, bids, costs, customers’ credit, or other business practices unless the exchange is pursuant to a well-considered plan approved by legal counsel.
Do NOT agree with competitors to divide up customers, markets or territories.
Do NOT agree with competitors not to deal with certain suppliers or others.
Do NOT try to prevent a supplier from selling to your competitor(s).
Do NOT discuss your customers with your competitors.
Do NOT agree to any membership restrictions, standard setting, certification, accreditation, or self-regulation programs without the restrictions or programs having been approved by association’s legal counsel.
DO insist that meeting agendas be circulated in advance and that minutes of all meetings properly reflect the actions taken at the meeting.
DO leave any meeting (formal or informal) where improper discussions are held that might border on antitrust violations. Tell everyone why you are leaving.
DO ensure that staff sends out all correspondence and that officers, directors, committee members, or other members do not hold themselves out as speaking or acting with the authority when they do not, in fact, have such authority.
DO ensure that if questions arise about the legal aspects or your individual responsibilities under the antitrust laws, you seek advice and counsel from your own counsel or from the staff and counsel of association.
Source: FSAE, Jeffrey Tenenbaum, Esq. - – Wash., DC (jstenenbaum@venable.com)
Anti-Competitive Discussion Examples
"How much do you charge, I’m trying to firm up my price lists?"
"Let’s decide to all close at 1 p.m. on Saturdays; that way no one will lose business if we all close our shops."
"What do you think about you taking everything on this side of main street and I’ll take the business on the other side?"
"I don’t mind getting government business, but if we make sure we bid at least __, then it will be more profitable."
"I’m tired of those Internet companies selling to my customers at lower prices than I can buy inventory; let’s make sure we don’t buy anything from those specific companies."
"You know if we give all of our business to one supplier I think he’ll offer us lower prices."
"If we merge our three companies, we’ll be able to put that new guy in town out of business."
(Penalties: treble damages, $10 million per corporation, $* 50,000 per person or entity, plus jail time, and cost of defense.)
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