To: ARMA Members and Staff
From: Reed Hitchcock, General Manager
Re: Antitrust Compliance – Quick Reference
The Asphalt Roofing Manufacturers Association (“ARMA” or “Association”) has in effect Antitrust Compliance Guidelines (“Guidelines”). They are intended for the guidance of ARMA member company representatives, officers, directors and staff, when engaged in any activity conducted in the name of, or on behalf of, ARMA. All such persons are expected to be familiar with the Guidelines and to follow them both in letter and spirit.
The following precepts are taken from the full Guidelines as a quick reference. Again, this excerpt is not a substitute for being conversant with the full Guidelines, which are available from the Association’s office.
At Association gatherings, all ARMA members, their representatives and guests should avoid discussion of competitively sensitive subjects. Informal gatherings or “rump” sessions should not be held before, during or following Association meetings.
Some topics should be scrupulously avoided in all cases:
- Do not discuss current or future prices; be very careful of discussions of past prices.
- Do not discuss what is a fair profit level.
- Do not discuss an increase or decrease in price.
- Do not discuss standardizing or stabilizing prices.
- Do not discuss pricing or bidding procedures.
- Do not discuss cash discounts.
- Do not discuss credit terms.
- Do not discuss competitive aspects of warranties on products sold.
- Do not discuss allocating markets.
- Do not complain to a competitor that its prices constitute unfair trade practices.
- Do not discuss refusing to deal with a company because of its pricing or distribution practices.
- Do not attend “rump” sessions.
We hope the above rules will be helpful as you participate in ARMA meetings and other activities. If you have any question about antitrust compliance, do not hesitate to contact ARMA’s General Counsel.
C. Michael Deese, Esq.
ARMA General Counsel
Tel: (202) 466-7252