AMCP Antitrust Guidelines
These guidelines apply to, among other platforms, the AMCP Collaborate online community.
Discussions at AMCP meetings and its online and other platforms, including but not limited to AMCP Collaborate (“AMCP Platforms”), must be conducted in a manner that avoids the fact and appearance of conduct which may violate the antitrust laws. As such, certain subject areas are not permitted to be discussed on AMCP Platforms. These guidelines summarize the standards of conduct and legal restraints which must be observed on AMCP Platforms to protect against violations of the antitrust laws.
PROHIBITED SUBJECT AREAS: AVOIDING POTENTIAL ANTITRUST LIABILITY
Each person participating on an AMCP Platform (a “Platform Participant”) has the responsibility in the first instance to avoid raising improper subjects for discussion. Each Platform Participant is further encouraged to be familiar with their own company's or organization's guidelines and to abide by them.
Discussion on the subjects set forth below are improper and are not permitted on any AMCP Platform. Further, engaging in prohibited conduct as described below is contrary to AMCP policy and is not permitted on any AMCP Platform. To discuss or engage in conduct on these topics at AMCP meetings could lead to an understanding or agreement (express or implied) which may subject AMCP and Platform Participants to legal liability under the antitrust laws:
- Sharing or discussing industry-wide or individual company prices (current or projected) or matters related to pricing such as costs, profits, contractual terms and conditions (e.g., discounts, credit terms), wages/salaries, market allocation, market shares/sales, clients/customers
- Encouraging or participating in boycotts, exclusions of products/services or "refusals to deal" with individuals, companies, or governmental entities
- Discussing subjects that could be viewed as fostering unfair practices involving advertising, standardization, and certification/accreditation
- Placing or seeking to place limitations on individuals or organizations that would result in unfairly restricting their ability to engage in a business or business practice or inappropriately exclude them from participation in association activities
- Sharing information on an individual company's product or service offerings, including design characteristics or pricing information; specific sales, distribution, marketing and R & D plans; and confidential product/service or product/service development strategies
Note: Do not discuss or exchange information on the subject areas described above on any AMCP Platforms, including without limitation social gatherings or "rump" meetings incidental to AMCP-sponsored meetings, even in jest.
PERMISSIBLE SUBJECT AREAS
In general, discussion of or activities and programs relating to the following subjects are proper and permitted on AMCP Platforms.
• Reporting and exchanging information on general industry or professional developments, concerns and economic trends
• Promoting markets for the industry/profession as a whole
• Developing standards for voluntary use by members of the industry/profession
• Describing advances/problems in relevant research and technology
• "Best practices" discussions: Providing general information to assist in identifying methods by which an individual or company can improve performance (efficiencies, profitability, management, etc.); however no agreements should be reached as to the use of a particular practice or to exclude a competitor from using a different practice
• Developing common advocacy strategies and positions with respect to legislative and regulatory matters
Note: A subject appropriate for discussion can be rendered inappropriate by an improper approach to it (e.g. lobbying activity that is a "sham" or a cover up to harass competitors or to reach an agreement through the use of a governmental process that would otherwise be unlawful).
AMCP staff will determine in its sole discretion whether activities or discussions are improper under this policy. By participating in one or more AMCP Platforms, Platform Participants agree to be subject to this and all other applicable AMCP policies.