It is the policy of the Industrial Asset Management Council (IAMC) to comply fully with antitrust laws, both federal and state, and to avoid all conduct which is unlawful, or which may give the appearance of being in conflict with such laws.
ANTITRUST GUIDELINES
IAMC has a policy of strict compliance with federal and state antitrust laws. IAMC adopts these Antitrust Guidelines in order to instruct its members on the appropriate legal standards and to limit the risk that IAMC’s conduct will be misinterpreted or misunderstood. IAMC members should avoid discussing certain subjects when they are together at formal IAMC membership meetings, Board of Directors meetings, committee meetings and other meetings and in informal contacts with other industry members. IAMC members should adhere strictly to the following guidelines:
- Do not discuss prices, fees or rates, or features that can impact (raise, lower or stabilize) prices such as discounts, costs, salaries, terms and conditions of sale, warranties or profit margins. Note that a price-fixing violation may be inferred from price-related discussions followed by parallel decisions on pricing by association members – even in the absence of an oral or written agreement.
- Do not agree with competitors as to uniform terms of a sale, warranties or contract provisions.
- Do not exchange data concerning fees, prices, production, sales, bids, costs, salaries, customer credit, or other business practices unless the exchange is made pursuant to a well-considered plan that has been approved by IAMC’s legal counsel.
- Do not discuss your customers with your competitors.
- Do not agree with competitors to divide up customers, markets or territories.
- Do not agree with competitors to deal or not to deal with certain suppliers.
- Do not try to prevent any economic developer, service provider or other supplier from selling to your competitors.
- Do not agree to any association membership restrictions, standard–setting, certification, accreditation or self-regulation programs without the restrictions or programs having been approved by IAMC’s legal counsel.
- Insist that all IAMC meetings that have agendas are circulated in advance and that minutes of all meeting properly reflect the actions taken at the meeting. All IAMC meetings generally should have written agendas prepared and circulated in advance.
- Leave any meeting, formal or informal, where improper subjects are being discussed. If a subject of doubtful legality is brought up at a meeting, the person leading the discussion should be told immediately that the subject is not a proper one for discussion and discussion should be halted. Tell everyone why you are leaving.
- Ensure that only IAMC staff sends out all written and electronic correspondence on behalf of IAMC and that IAMC officers, directors and committee members or other members do not hold themselves out as speaking or acting with authority of IAMC when they do not, in fact, have such authority.
This Antitrust Policy will familiarize you with the basics of antitrust law, but it is not a complete or definitive statement. Any specific questions related to antitrust compliance not addressed in this Policy should be forwarded to IAMC's President/CEO for counsel review or to your company's legal counsel.
All officers, directors, employees and agents of IAMC will receive a copy of this Policy. A copy of this
Policy will also be available to all IAMC members (and the general public) on IAMC's website.
A copy of this Policy will also be provided to all speakers and presenters at any Forum or meeting sponsored by or affiliated with IAMC. Notices and agendas of IAMC meetings shall be prepared and distributed in advance. Agendas should not include any subjects which are identified as improper for consideration or discussion under this Policy and should conform to rules established or approved by IAMC. At IAMC's direction, minutes of certain IAMC meetings will be prepared and certain IAMC events will be recorded.