Aluminium Association Antitrust Policy Statements and Guidelines
It is the policy
of the Aluminum Association and its members to comply strictly with
all laws applicable to Association activities. Association activities
involve cooperative undertakings and meetings of competitors. It
is important to emphasize the on-going commitment of our members
and the Aluminum Association to full compliance with federal and
state antitrust laws. This statement is being distributed at Aluminum
Association meetings as a reminder of that commitment and as a general
guide for our activities and meetings.
FOR ANTITRUST COMPLIANCE
Associations structure has been fashioned and its program is carried
out in conformance with antitrust standards. An equal responsibility
for antitrust compliance which includes avoidance of even an appearance
of improper activity ó is yours. Your corporate employer and this
Association depend on your good judgment to avoid all discussions
and activities which may involve improper subject matter or improper
procedures. Association staff members work conscientiously to avoid
subject matter or discussion which may have unintended implications,
and counsel for the Association provides guidance with regard to
these matters. It is important for you to realize, however, that
the competitive significance of a particular conduct or communication
probably is most evident to you who are directly involved in the
the antitrust laws seek to preserve a free, competitive economy
and trade in the United States and in commerce with foreign countries.
Competitors may not restrain competition among themselves with reference
to the price, the quality or the distribution of their products,
and they may not act in concert to restrict the competitive capabilities
or opportunities of their competitors, their suppliers or their
violating the antitrust laws are severe:
are subject to heavy fines and injunctive decrees, and may have
to pay substantial damage judgments to injured competitors, suppliers
or customers. Individuals are subject to criminal prosecution, and
may be punished by fines and imprisonment.
Since you have
an important responsibility in ensuring antitrust compliance in
Association activities, you should read and heed the following guidelines.
with other members your own or competitorsí prices, or anything
that might affect
as costs, discounts, terms of sale, or profit margins.
stay at a meeting where any such price talk occurs.
make public announcements or statements about your own
prices or those of competitors at Association functions.
talk about what individual companies plan to do in particular
geographic or product markets or with particular customers.
disclose to others at meetings or otherwise any competitively
conduct all Aluminum Association business meetings in
accordance with Association rules. These rules require that
an Association staff member be present, the agenda be followed
and minutes be kept.
confer with counsel before bringing up any topic or
making any statement with competitive ramifications.
send copies of all Association-related correspondence
to the staff member involved in the activity.
alert the Association staff to any inaccuracies in proposed
statements to be made by the Association on behalf of the aluminum
industry, particularly statements to government officials.
that meetings with government officials may not provide
a shield against antitrust liability.
these guidelines involves not only avoidance of antitrust violations,
but avoidance of any behavior which might be so construed. Bear
in mind, however, that the antitrust laws are stated in general
terms, and that this statement is not a summary of applicable laws.
It is intended only to highlight and emphasize the principal antitrust
standards which are relevant to Aluminum Association programs. You
must, therefore, seek the guidance of either Association counsel
or your own corporate counsel if antitrust questions arise.
Baker & Hoste tier LLP