SPFA has a policy on antitrust compliance. It states:
"Our policy is to comply with all federal, state and local laws, including the antitrust laws. It is expected that all company member representatives involved in SPFA activities and SPFA staff will be sensitive to the unique legal issues involving trade associations and, accordingly, will take all measures necessary to comply with U.S. antitrust laws and similar foreign competition laws."
It is a per se violation of the federal antitrust laws for competitors to agree on prices, limitation of supplies, allocation of customers or territory, or boycotts. "Per se" means that no legal defense can be used to mitigate this automatic violation.
Even an agreement by competitors that is for the good of society and our industry may be a violation of the antitrust laws if it could affect competition.
If a topic of antitrust concern is raised at any time during a meeting, note your objection for the record. If the topic continues to be discussed, you should leave the room immediately and contact SPFA's general counsel and your company's attorney for further guidance.
Ensure that every SPFA meeting, where members are present, has an agenda, the agenda is followed, and minutes are kept by SPFA staff of the proceedings.
Understanding and acting on the requirements of U.S. and foreign antitrust and competition laws sometimes can be difficult. If you have a question about the propriety of activities or discussions in SPFA, you are encouraged immediately to contact your company's legal counsel and SPFA management.
Read the SPFA Antitrust Guidelines for Conducting Meetings HERE