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THE
AWRF ANTITRUST POLICY
The policy set forth below constitutes
the collective attitude of AWRF, including its members of all categories,
sponsors and staff, regarding the federal and state antitrust laws. Since
a trade association is, by nature, a group of competitors with the capacity
for collusive activities, which can result in restraint of trade, it is
the intent of AWRF to act in strict compliance with all state and federal
antitrust laws. The two principal antitrust laws, which are particularly
applicable to trade associations, are Sections One and Two of the Sherman
Act and Section Five of the Federal Trade Commission Act. These acts respectively
prohibit contracts, combinations and conspiracies in restraint of trade;
monopolies and attempts to monopolize; unfair methods of competition; and
unfair or deceptive business practices. Because it is often difficult to
determine whether an association has bordered on a violation of the antitrust
laws, AWRF has established certain principles, which may be expanded or
modified as new law develops. These principles are as follows:
| 1. |
Membership
shall not be denied to any qualified entity. |
| 2. |
There shall
be no discrimination in space allocation at product information exhibits |
| 3. |
Group boycotts
and price fixing, express or implied, are per se violations of the
law. Collusive behavior regarding freight allowances, discounts and
warranties is also prohibited by the antitrust laws. Price fixing
may involve combinations of competitors or suppliers and their customers
with respect to resale price. AWRF will not tolerate any discussion
of agreements or arrangements which expressly or inferentially address
price fixing or any other subjects which violate the antitrust laws |
| 4. |
AWRF has adopted
a clear policy which precludes the establishment of standards. |
| 5. |
Any statistical
reporting shall have as its purpose the provision of information to
the industry and to the public. This purpose shall be expressed as
the information is so disseminated. Participation shall be voluntary.
Only past transactions shall be reported and always in composite form. |
| 6. |
Any concerns
regarding AWRF policies or procedures should be discussed with staff,
counsel, officers and directors |
| 7. |
The result
of Association research projects shall be made available to the industry
and to the public. |
| 8. |
Members of
AWRF shall always enjoy freedom to make independent decisions in matters
involving competition. |
| 9. |
Members shall
take it upon themselves to become familiar with basic federal and
state antitrust laws including the Sherman Act, Clayton Act, FTC Act
and Robinson-Patman Act. |
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