TFI's Guide to Antitrust Compliance
Trade association meetings provide a lawful and important opportunity for competitors to meet and to discuss items of a legitimate concern to the industry. At the same time, trade association meetings can provide a breeding ground for formal or informal discussions that could lead to conduct or agreements which violate the antitrust laws. Such discussions have ramifications for TFI and its individual members. TFI members should adhere to the following general guidelines when participating in TFI activities:
- Do not discuss current or future prices or costs.
- Do not discuss what is a fair profit level.
- Do not discuss an increase or a decrease in price.
- Do not discuss standardizing or stabilizing prices.
- Do not discuss pricing procedures.
- Do not discuss cash discounts.
- Do not discuss credit terms.
- Do not discuss controlling sales.
- Do not ban or otherwise restrict legitimate advertising by competitors.
- Do not discuss allocating customers or markets to or among competitors.
- Do not complain to a competitor that its prices constitute unfair trade practices.
- Do not ask competitors why a past bid was so low, or to describe the basis for a past bid.
- Do not discuss refusing to deal with a company because of its pricing or distribution practices.
- Do not attend informal sessions in which industry problems or issues are discussed.
- Do not vote or act in your capacity as a TFI member with the intention to harm a competitor.
Adopted July 2004