Anti Trust Policy


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SDGFA Anti-trust Policy


CONDUCT FOR MEMBERS TO FOLLOW AT MEETINGS

The United States’ antitrust laws are contained primarily in the Sherman Act, the Clayton Act, the Robinson-Patman Act and the Federal Trade Commission Act. The Sherman Act prohibits conduct that restrains trade, including certain joint activity by two or more companies or individuals, as well as unilateral conduct that involves the exercise of monopoly power.

If you, as an association member, sit in a room while other members engage in an illegal discussion, such as price-fixing, you and/or your company may be held criminally liable even though you say nothing during the discussion. Your attendance at such a meeting may be sufficient to find that you acquiesced in the discussion and are equally as liable as those who vocally agree to violate the antitrust laws. Although within certain sectors of the industry, employees and officers from competing firms know each other as friends and peers, in the eyes of antitrust enforcers, they are viewed simply as competitors with the ability to collude in an anticompetitive manner.

SDGFA members should adhere to the following general guidelines when participating in SDGFA activities and NEVER DISCUSS:

It is important to bring questionable conduct or potential issues to the immediate attention of legal counsel.

Adopted: October 5, 1979
Amended: June, 6, 2008